Bonus
This rule requires landowners to avoid willful or wanton harm to unauthorized entrants.
What is the rule for trespassers?
This rule completely bars recovery when plaintiff's own negligence contributes to the harm.
What is the rule of contributory negligence?
This rule states that every person owes reasonable care to avoid causing foreseeable harm to others.
What is the general duty of reasonable care?
This rule states that breach occurs when defendant fails to act as a reasonably prudent person would under the circumstances.
What is the breach of the reasonable person standard?
This test is satisfied when the injury would not have occurred absent the defendant's conduct.
What is the but-for test?
This rule requires warnings about hidden dangers known to the landowner but not obvious to the visitor.
What is the rule for licensees?
This rule allows recovery even in contributory negligence jurisdictions if the defendant still had the final opportunity to avoid the injury.
What is the last clear chance doctrine?
This rule limits duty to harms that a reasonably prudent person could foresee as a result of their conduct.
What is the foreseeability limitation on duty?
This rule holds that breach exists when the burden of precautions (B) is less than the probability and severity of harm (P×L).
What is the Learned Hand Formula?
This test applies where multiple independent negligent acts combine to produce a single indivisible harm.
What is the substantial factor test?
This rule requires inspection of property and making dangerous conditions reasonably safe for business visitors.
What is the rule for invitees?
These modern rules reduce damages in proportion to the plaintiff’s percentage of fault.
What is comparative fault?
This rule says there is no obligation to affirmatively rescue or aid another unless a special exception applies.
What is the no-affirmative-duty rule?
This rule allows customary practices to inform the standard of care, but never conclusively determine it.
What is the custom-as-evidence rule?
This rule imposes liability on multiple negligent defendants unless each can prove they did not cause the injury.
What is alternative liability (Summers v. Tice)?
This doctrine requires landowners to take reasonable steps to protect children from artificial conditions likely to attract and injure them.
What is the attractive nuisance doctrine?
This rule bars recovery when plaintiff knowingly and voluntarily confronts a risk created by defendant’s negligence.
What is assumption of the risk?
This doctrine creates a duty when the defendant’s conduct itself puts the plaintiff in danger.
What is the creation-of-the-risk doctrine?
This rule replaces the reasonably prudent person standard with a statutory standard when the statute protects against the type of harm and the plaintiff is in the protected class.
What is negligence per se?
This doctrine allows recovery when medical negligence reduces a patient’s chance of survival or recovery.
What is the lost chance doctrine?
This rule holds that children are judged by a standard of care appropriate for children of similar age, intelligence, and experience.
What is the child standard of care rule?
This requirement states that interference must be more than trivial annoyances.
What is substantial interference?
This rule requires people with superior professional skill or training to act with the level of care of competent practitioners in their field.
What is the professional malpractice standard?
This doctrine allows a jury to infer breach when the type of accident ordinarily does not occur without negligence and the instrumentality was under defendant’s control.
What is res ipsa loquitur?
This rule holds that a defendant is liable if their conduct contributed even slightly to the harm, as long as the harm would not have occurred without it.
What is the Rudolf “small contribution still counts” causation rule?