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A doctrine under which negligence may be inferred simply because an event occurred, if it is the type of event that would not occur in the absence of negligence. Literally, the term means the facts speak for themselves.
- res ipsa loquitur
- (pronounced rehs ehp-suh low-quuh-duhr)
A defense against negligence that can be used when the plaintiff is aware of a danger and voluntarily assumes the risk of injury from that danger.
assumption of risk
Those people, such as customers or clients, who are invited onto business premises by the owner of those premises for business purposes.
An act or omission without (but for) which an event would not have occurred
causation in fact
A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party), on the basis of each person's proportionate negligence.
A theory in tort law under which a complaining party's own negligence contributed to or caused his or her injuries. ___is an absolute bar to recovery in a minority of jurisdictions.
A state statute that imposes liability on the owners of bars and taverns, as well as those who serve alcoholic drinks to the public, for injuries resulting from accidents caused by intoxicated persons when the sellers or servers of alcoholic drinks contributed to the intoxication
dram shop act
The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. Failure to exercise ___, which is normally determined by the reasonable person standard, constitutes the tort of negligence.
duty of care
A state statute that provides that persons who rescue or provide emergency services to others in peril—unless they do so recklessly, thus causing further harm—cannot be sued for negligence.
Good Samaritan statute
Professional misconduct or the failure to exercise the requisite degree of skill as a professional. Negligencethe failure to exercise due careon the part of a professional, such as a physician or an attorney, is commonly referred to as ____.
The failure to exercise the standard of care that a reasonable person would exercise in similar circumstances.
An act (or failure to act) in violation of a statutory requirement
negligence per se
Legal cause; exists when the connection between an act and an injury is strong enough to justify imposing liability.
The standard of behavior expected of a hypothetical reasonable person. The standard against which negligence is measured and that must be observed to avoid liability for negligence.
reasonable person standard
Liability regardless of fault. In tort law, ___ may be imposed on defendants in cases involving abnormally dangerous activities, dangerous animals, or defective products.
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