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What is a tortfeasor?
someone who commits a tort
What is negligence?
no intention of consequences, but creation of risk of foreseeable injury
Briefly describe the chain of questions used to determine liability.
- duty of care (reasonable person)?
- duty of care breached (reasonable person)?
- link of cause? (causation of fact)
- foreseeable? (proximate cause)
What is a duty of care?
degree of care expected of a reasonable person in similar circumstances
What affects the reasonable person standard?
- physical disability
- superior skill or knowledge
mental deficiency does NOT affect the reasonable person standard
How do emergencies differ from other situations in regards to liability and negligence?
only liable for gross (=extreme) negligence, when trying to help in an emergency
What is the duty to act?
legal obligation to avoid doing harm to others or putting them in unreasonable risk of harm
When does someone have a legal obligation to aid another in peril?
relationship creates obligation (eg. parent/child)
person placed the other in harm's way intentionally or negligently
What is res ipsa loquitur?
latin for "the thing speaks for itself"
= presumed to be negligent if he/she/it had exclusive control of whatever caused the injury even though there is no specific evidence of an act of negligence, and without negligence the accident would not have happened
= because the facts are so obvious, a party need explain no more
= anyone involved is liable, if liability cannot be pinpointed
What is a dram shop act?
makes seller/server of alcoholic drinks to obviously intoxicated strictly liable to anyone injured by the drunken person
Which duties does a possessor of land have?
protect others of dangerous conditions that they are unlikely to discover, but owner should reasonably know about
- duty to trespassers
- duty to licensees (social guests)
- duty to invitees (customers, clients etc.)
What can an owner of land do to ensure duty of care?
inspect the land (reasonably), then if hazard/attractive nuisance is found:
- - remove hazard
- - barricade hazard
- - warn of hazard
What is causation in fact?
conduct was actual cause of, or a substantial factor in causing the injury
based on logical connection
would the injury have occurred anyway?
What is an attractive nuisance?
sth attached to the property attracts children (swing set, swimming pool...)
What is proximate cause?
negligence caused harm, but harm was not reasonably foreseeable
limits a defendant's liability to foreseeable consequences