Show:
Elements
Owing Care
Hypotheticals
Causation
Defenses
100
Conduct that falls beyond the expectations set by law to protect others from unreasonable harm is called __________.
Negligence
100
If someone is drowning, every person nearby has a DUTY to save them. True or False
False
100
If you are swimming in a pool owned by the City of Chicago, who has a duty to you?
The City, the lifeguard
100
If the harm would not have occurred without the wrongful act, the wrongful act is the Cause in ______
Fact
100
In some states, if the plaintiff is more than ___% negligent, they cannot recover from a negligent defendant.
50%
200

A plaintiff must be injured in order to collect damages for negligence. True or False

True, Harm or Injury is the 4th element of negligence

200
When someone has a duty of care to a person and they fail to act reasonably this is called _________.
Breach
200

Marcus is texting and driving, Kelly is walking across the street, she is not at a crosswalk and it is very foggy. Marcus hits Kelly with his car. At trial, the jury finds both Marcus and Kelly were negligent, but Kelly was more negligent, can she collect damages?

No, a plaintiff who was more negligent (50%+) cannot collect damages because of Contributory Negligence.

200
If the harm that occurred was a foreseeable result of the wrongful act, the wrongful act is the ________.
Proximate Cause
200
In a case where two defendants were negligent, the plaintiff can recover 50% of his damages from each defendant. True or False
False, the plaintiff can recover the full amount from either defendant.
300
Negligence is an intentional tort. True or False.
False.
300
A specific legal obligation to not harm another person or their property is called a ______.
Duty of care
300

Tim ran into the street and was hit by a bicycle rider. Neighbor Bob saw the accident while sitting on his porch. Tim sued Bob for negligence for not yelling and warning him of the approaching cyclist. Is Bob liable for negligence?

No, there is no duty.
300
Gary is driving down a busy street, he is speeding and texting on his phone, he runs a red light and hits a cyclist in the intersection, breaking the cyclists leg. What is the cause in fact and the proximate cause of the cyclist's injuries.
The cyclist would not have been injured BUT FOR the fact that Gary hit him with his car. - CAUSE IN FACT

It is foreseeable that someone who runs a red light will hit a car/person/bike in the intersection. - PROXIMATE CAUSE

300
When the defendant committed negligence, but the plaintiff also acted in a negligent way, this is called.
Comparative Negligence
400
The plaintiff's injury is the DIRECT and FORESEEABLE result of the defendant's wrongful act, which element of negligence is this?
Causation
400
Name two professions where a person has a duty to rescue someone in danger.
Police, firefighter, EMT, lifeguard, etc.
400
A fan watching a White Sox game is hit by a foul ball while sitting in the front row behind the team dugout, if the fan sues the White Sox for negligence, what defense would the White Sox claim?
Assumption of Risk, the fan assumed the risk of getting hit by a foul ball in the stands by buying a ticket to the game
400
In order for a wrongful act to be the proximate cause of an injury, the injury must be ___________.
Foreseeable
400
When someone sees a danger, but voluntarily chooses to accept it.
Assumption of Risk
500

What is the standard used to determine if a defendant had a duty and the duty was breached.

The reasonable man standard, what would a reasonable person have done in the circumstances.

500

Debby goes to the hospital and has an X-Ray done of her stomach, the X-Ray shows she has a pair of surgical scissors inside her abdomen. Debbie had her appendix removed last year. Is there a duty and breach?

Yes

500

A blasting company negligently uses too much dynamite at a construction site causing a house 2 miles away to vibrate. The vibrations cause a glass of water to fall off the TV stand onto a surge protector. The surge protector ignites and burns the house to the ground. Is the blasting company’s negligence the proximate cause of the house burning to the ground?

No, the house fire caused by an electrical surge from spilled water is not foreseeable
500
In some states, if a plaintiff was also negligent, they cannot recover any damages from a negligent defendant, this is called ___________.
Contributory Negligence