Negligence & Strict Liability Ch9

Stephyyyy
Flashcards by Stephyyyy, updated more than 1 year ago
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Created by Stephyyyy over 4 years ago
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Question Answer
Duty To act as a reasonable person. each of us has a duty to behave as a reasonable person would under the circumstances
Breach you acted unreasonably
Causation 2 types of causation Factual and proximate
Damages prove the action lead to harm
Factual Cause if the defendants breach led to the ultimate harm, it is the factual cause
Proximate cause For the defendant to be liable, the type or harm must have been reasonably foreseeable.
Res Lpsa Loquitor an excessive control, normally not happen without negligence, and plaintiff no role causing harm.
Duty to trespasser Not to injure intentionally
Duty to children if a man made item on the land attracts children, the landowner may be liable
Duty to licensees To warn of known, but hidden dangerous conditions licensees are unlikely to discover for themselves
Duty to Invitee to 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)
Contributory Negligence in a few states, if the plaintiff is at all negligent, he cannot recover damages from the defendant (he cannot sue)
Comparative Negligence your award gets reduced by percentage if you are at fault
Assumption of Risk A person who voluntarily enters a situation that has an obvious danger cannot complain if she is injured (most visible offense) (warning signs)
ultra hazardous activity defendants 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
Types of product liability negligent design negligent manufacture failure to warn
strict liability for defective products unreasonably dangerous; in the business of selling; and reaches customer without substantial change
2 things they look @ with product liability Consumer expectation Risk-utility
Statute of limitations usually 1 to 5 years from when defect is discovered
Statute of Repose absolute limit on bringing the case (10 years from the sale)
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