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Negligence
conduct that falls below the standard established by law for the protection of others against unreasonable risk of harm TERM 2
reasonable person standard
DEFINITION 2 degree of care that a reasonable person would exercise under all the circumstances TERM 3
children
DEFINITION 3 must conform to conduct of a reasonable person of same age, intelligence, and experience under all circumstances TERM 4
physical disability
DEFINITION 4 must conform to that of a reasonable person under the same disability TERM 5
mental disability
DEFINITION 5 held to the same standard as those who are not mentally deficient
superior skill/knowledge
these skills are circumstances to be taken into account in determining whether the person acted with reasonable care TERM 7
Emergencies
DEFINITION 7 the reasonable person standard still applies, but an unexpected emergency is considered part of the circumstances TERM 8
violation of statute
DEFINITION 8 if the statute applies, then violation is classified as negligence per se in most states TERM 9
duty to act
DEFINITION 9 everyone is expected to act reasonably at all times for the safety of others and their property, but nobody is technically required to aid another in peril TERM 10
duties of possessors of land
DEFINITION 10 a. cannot intentionally harm trespassers b. warn licensees of known dangerous conditions that they are unlikely to discoverc. exercise reasonable care to protect invitees against dangerous conditions land possessor should know of but invitees are unlikely to discover
burden of proof for negligence
plaintiff must prove that defendant's negligent conduct caused harm to a legally protected interest TERM 17
contributory negligence
DEFINITION 17 failure of plaintiff to exercise care for his own protection, in a few states the plaintiff may recover nothing TERM 18
comparative negligence
DEFINITION 18 damages are divided among the parties in proportion to their degree of negligence, applies in almost all states TERM 19
express assumption of risk
DEFINITION 19 strictly construed usually through a waiver or contract TERM 20
common carriers/innkeepers
DEFINITION 20 have a duty to passengers and guests
choice to rescue
cannot leave the injured in a worse off state that when they started and must complete rescue or until authorities arrive TERM 22
inspection
DEFINITION 22 should have known dangers of a landowner are discovered through inspection; reason to know is objective measure and refers to the fact that landowners should have inspected their property TERM 23
negligence per se
DEFINITION 23
- statute protects plaintiffs class2. statute protects from the harm plaintiff suffered TERM 24
Implied assumption of risk
DEFINITION 24 voluntary assumption of risks of a known danger TERM 25
danger invites rescue
DEFINITION 25 you are allowed and even expected to attempt to rescue someone and can recover from damages suffered during the rescue
