Flashcards
Negligence & Strict Liability Ch9
Cards in this deck (20)
- 1DutyTo act as a reasonable person. each of us has a duty to behave as a reasonable person would under the circumstances
- 2Breachyou acted unreasonably
- 3Causation2 types of causation
Factual and proximate - 4Damagesprove the action lead to harm
- 5Factual Causeif the defendants breach led to the ultimate harm, it is the factual cause
- 6Proximate causeFor the defendant to be liable, the type or harm must have been reasonably foreseeable.
- 7Res Lpsa Loquitoran excessive control, normally not happen without negligence, and plaintiff no role causing harm.
- 8Duty to trespasserNot to injure intentionally
- 9Duty to childrenif a man made item on the land attracts children, the landowner may be liable
- 10Duty to licenseesTo warn of known, but hidden dangerous conditions licensees are unlikely to discover for themselves
- 11Duty to Inviteeto exercise reasonable care to protect invitees against dangerous conditions possessor should know of but invitees are unlikely to discover
(highest duty of care. someone you invited for your benefit) - 12Contributory Negligencein a few states, if the plaintiff is at all negligent, he cannot recover damages from the defendant (he cannot sue)
- 13Comparative Negligenceyour award gets reduced by percentage if you are at fault
- 14Assumption of RiskA person who voluntarily enters a situation that has an obvious danger cannot complain if she is injured (most visible offense) (warning signs)
- 15ultra hazardous activitydefendants are virtually always held liable for harm (doesn't matter if not intentional or didn't mean to cause damages) (includes using/moving harmful chemicals, explosives & keeping wild animals
- 16Types of product liabilitynegligent design
negligent manufacture
failure to warn - 17strict liability for defective productsunreasonably dangerous; in the business of selling; and reaches customer without substantial change
- 182 things they look @ with product liabilityConsumer expectation
Risk-utility - 19Statute of limitationsusually 1 to 5 years from when defect is discovered
- 20Statute of Reposeabsolute limit on bringing the case (10 years from the sale)