Duty
These two factors are considered when interpreting whether a statute applies in a Negligent Per Se case.
What is (1) the type of harm and (2) the class of persons?
This test for causation asks: would the injury still have occurred if the defendant's actions were removed?
What is the "But For" test?
This defense weighs the plaintiff's negligence with the defendant's negligence to determine the outcome.
What is comparative fault/negligence?
This zone of risk case involved a patron carrying fireworks onto a train. The plaintiff was injured after the patron tripped, fell, and the fireworks exploded.
What is Palsgraf v. The Long Island Railroad Co.?
This case involved a child who assumed an adult activity. It involved the child-defendant who was playing golf when he struck the plaintiff in the knee. He played golf several times a week and was held to the standard of care of a reasonable person.
What is Neumann v. Shlansky?
This type of disability is usually considered when assessing whether a person acted reasonably.
What is a physical disability?
This type of causation occurs when there is an uninterrupted chain of events between the defendant's negligent conduct and the plaintiff's injury.
These are the two critical dimensions when assuming a risk.
What is (1) knowledge and (2) voluntary action?
This cause in fact case involved a woman who failed to look in her rear-view mirror as she was backing out of her driveway. The woman hit the plaintiff who was crouching down behind the car. The woman was absolved of liability because even if she had looked in her review mirror, she would not have seen the plaintiff.
What is Jordan v. Jordan?
This case Negligent Per Se case established liability because the plaintiff was the class-of-persons the statute was intending to protect. It involved a plaintiff who was injured after a bar fight broke out. The plaintiff sued under a state liquor control regulations statute.
What is Stachniewicz v. Mar-Cam Corp.?
This special duty rule involves making somebody worse off if the actor was to stop rendering aid after having already started.
What is assuming a duty?
Pecuniary damages are generally for these two injuries.
What is (1) personal injury and (2) property damage?
This defense bars a plaintiff from all recovery if they fail to use reasonable care for their own safety.
What is contributory negligence?
This assumption of care case involved friends who were hiking in the mountains and got caught in a snow storm. One friend got injured and another friend stayed behind to render aid. The rescue team, who became the defendant, could not get up the mountain because of the storm despite beginning a rescue. One friend died and the other lost their toes. The defendant was absolved of liability because you do not have to put your life at risk to aid someone else.
What is Miller v. Arnal Corp.?
This case affirmed that there is no standing rule that parents are liable for the torts of their children. It involved the defendant's son who had a history of killing pets, suicidal thoughts, and serious anger. The defendant's son killed the plaintiff's son, but no liability was found on the parent's behalf.
What is Wells v. Hickman?
The lack of informed consent must be accompanied by these two factors in a medical malpractice claim.
What is (1) there must be damage and (2) the damage must arise as a result of what was not disclosed?
These are the three types of non-pecuniary damages.
What is (1) loss of enjoyment of life, (2) hedonic damages, and (3) consortium?
This sub-category of immunities involves policy making decisions and are not subject to tort liability.
What are (governmental) discretionary decisions?
In this medical malpractice case, the plaintiff used Res Ipsa Loquitor to to show breach. The plaintiff received unusual injuries while unconscious and the and the appellate court held that all defendants who had control over the plaintiff's body or the instrumentalities which might have caused the injuries may be called upon to meet the inference of negligence by giving an explanation of their conduct.
What is Ybarra v. Spangard?
This case established that there is no duty for police to warn potential victims. It involved a plaintiff who was stabbed in a laundromat where other people had been stabbed previously. The police knew both the assailant, who had been suspected of previous stabbings, and the plaintiff were together in the laundromat but did nothing about it.
What is Davidson v. City of Westminster?
These seven special relationships create a duty to act where they otherwise may not be.
What is (1) common carrier with passengers, (2) innkeeper with guests, (3) businesses open to the public with people who are lawfully there, (4) employer/employee, (5) school with its students, (6) landlords/tenants, and (7) custodian with those in custody?
The judge generally will determine this as a matter of law, and if the injury falls within this, the injury is generally foreseeable and there is a duty owed.
What is the Zone of Risk?
This is NEVER a defense to negligence.
What is consent?
This assumption of risk case involved the plaintiff riding the "Flopper" ride at a fair. He was found to have assumed the risk of riding the ride and had no right to recovery despite his injury.
What is Murphy v. Steeplechase?
This famous case abolished entrant status classification in favor of adopting a uniform standard. It involved a social guest plaintiff who was injured by a broken light bulb.
What is Rowland v. Christian?