Negligence
Five Elements of a Negligence Cause of Action
What is Duty, Breach, Causation: Actual and Proximate, Damages, and Defenses?
Contributory Negligence, Comparative Fault, Assumption of Risk (Express & Implied), and Statute of Limitation.
What is "Defenses to a Negligence Cause of Action?"
Intentional harmful or offensive contact to a person.
What is Battery?
Fireworks, dynamite, disposal of biohazards waste are examples of this.
What is "Abnormally dangerous activity/Ultra-hazardous activity?"
Sandy, 17, throws a snowball at a friend on a crowded street corner. The snowball missed the friend but hits an elderly man who falls to the ground and is injured. Sandy will likely be sued under this tort.
What is "Battery?"
Duty to a Licensee
What is Duty to Correct and Warn of Known Dangers?
Modified A Comparative Fault v.
Modified B Comparative Fault
What is "Modified A - P must be <50% liable to recover
Modified B - P must be ≤ 50% liable to recover?"
False Imprisonment Elements (Minority)
What is the intentional confinement to a bounded area with no reasonable means of escape of a person without awareness?
This type of defect is an imperfection, a short-coming, or abnormality in a product.
What is a "Manufacturing Defect?"
As a joke, Annette removes the bullets from her father’s revolver; takes the gun outside, and points it at the head of her neighbor, Mrs. Joiner, who is just leaving her hose. Mrs. Joiner, who unknown to Annette suffers from serious heart disease has a stroke and dies instantly. Anette may be sued for this tort.
What is "Assault?"
Janie agreed to babysit for her neighbor's 5 year old son, Ethan in her home. While Janie was watching TV, Ethan got into a cabinet where she stored cleaning products and drank some causing him to become violently sick. Janie is guilty of this.
What is Negligence?
Billy sued the "City" when he got wet during a traveling circus show. He sat in the front row where it was marked, "if you sit here, you WILL get wet. The City will use this defense in court.
What is Assumption of Risk?
Citizen's arrest gone bad is this.
What is False Imprisonment?
Baxter purchased an automobile from Ford that they claimed was equipped with a windshield that was shatterproof. Baxter was later injured when the windshield shattered. Baxter can sue under this tort.
What is "Strict Liability?"
Mary Murray sued Wal-Mart, claiming she was unreasonably detained by the store’s employees who suspected her of shoplifting. The plaintiff claims profane and racially derogatory comments were directed to her by the manager in front of her daughter, grandchildren, and the general public. As a result of this humiliation, she acquired a nervous condition. Murray will sue Wall-Mart under this tort.
What is "Intentional Infliction of Emotional Distress?"
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. Bob will use this defense.
What is he did not own Tim a duty of care.
A negligent plaintiff can still recover if he is able to show that the defendant had the last opportunity to avoid the accident.
What is "Last Clear Chance Doctrine?"
Jim loved to hunt deer. Disregarding the "no trespassing" sign, he built a deer stand on Ed's property and hunted on weekends.When Ed found the stand, he sued Jim for this.
What is trespassing?
The defendant’s dog known to have a propensity to bite, bit the plaintiff after the defendant’s son mischievously let the dog loose. Plaintiff will sue defendant under this tort.
What is "Strict Liability: Domestic Animals?"
This is an event that cuts off the chain of proximate cause.
What is an "Intervening Superseding Cause?"
Bystander Recovery Approach.
What is (1)plaintiff must have actually observed the injury, (2)be closely related to the victim, (3)this resulted in severe emotional distress, and (4)plaintiff must suffer physical consequences from emotional distress?
Logan and Garrett went bike riding. Logan was hurt when Garrett accidently ran into the back of Logan's bike. Logan was acting recklessly at the time by weaving back and forth in front of Garrett. Logan sued Garrett. Garrett might use this defense in court.
What is Comparative Negligence?
Tortfeasor not only intended to contact another person, but also intended that the contact be harmful or offensive to the other person.
What is Dual Intent?
A plaintiff can establish the unreasonably dangerous element by demonstrating that there is a safer, feasible, cost-efficient alternative design that does not impair the usefulness of the product.
What is the "Risk-Utility Test?"
Cement Co. manufactures cement trucks. The instructions to pour cement were always: yellow button, green button, then turn lever. Tim usually stand near port where cement is released to assure the cement is pouring. Cement Co. did not give notice to Perfect Cement that new procedure is now yellow button, lever, then green button. This time, Tim is covered in cement and eventually dies. This is an example of what.
What is "Inadequate Warning?"