HMD 310 Exam 2

What are the four elements of negligence?

Duty, breach, proximate cause, injury.

What is duty?

Reasonable care to prevent foreseeable injury.

What is breach?

A careless act or omission.

What is proximate cause?

A direct, natural, and foreseeable result of the breach.

What is required for injury?

Actual harm to the plaintiff.

Who is an invitee?

A person on the premises for business purposes; owed highest duty.

What duty is owed to an invitee?

Provide safe premises, warn of known dangers, inspect for unknown dangers.

Who is a licensee?

A person on the premises for personal purposes with consent.

What duty is owed to a licensee?

Provide safe premises and warn of known dangers.

Who is a trespasser?

A person on the premises without consent.

What duty is owed to a trespasser?

No duty except not to intentionally injure.

What is an open and obvious hazard?

A hazard a reasonable person should notice; no duty.

What is a known hazard?

A hazard employees know or should know; must remove or warn.

What is an unknown hazard?

A hazard employees do not know about; must inspect (invitee only).

What is negligence per se?

Violation of a health or safety law.

What is res ipsa loquitur?

Implied negligence; exclusive control; plaintiff didn't cause injury.

What is strict liability?

Liability for ultra-hazardous activities regardless of reasonable care.

What is strict product liability?

Liability for defective products that cause injury.

What is attractive nuisance?

Dangerous condition attractive to children; owner liable even to trespassing children.

What is respondeat superior?

Employer liability for employee's acts within scope of employment.

What is the foreign/natural test?

Plaintiff wins if object is not natural to the dish.

What is the reasonable expectation test?

Plaintiff wins if object is not reasonably expected in the dish.

Give an example of foreign/unexpected.

Peanut shell in a peanut butter sandwich.

Give an example of natural/expected.

Fish bone in fish chowder.

What is dram shop liability?

Vendor liability for illegal sale of alcohol.

What is the majority rule?

Drunk person cannot sue; injured third parties can.

What is the minority rule?

Everyone can sue, including the drunk.

What does Nevada law say?

No liability for serving adults; liability for knowingly serving minors.

What is contributory negligence?

Plaintiff gets $0 if even 1% at fault.

What is assumption of the risk?

Knowledge, opportunity to avoid, voluntary acceptance; $0 recovery.

What is pure comparative negligence?

Damages multiplied by defendant's % fault.

What is less-than comparative negligence?

Plaintiff must be less than 50% at fault.

What is the Good Samaritan rule?

No duty to assist; reasonable attempt = no liability.

Who can make a citizen's arrest?

Peace officer or private citizen.

When can a citizen arrest?

When they see a public offense or have reasonable cause for a felony.

What are the risks of citizen's arrest?

Assault, false arrest, false imprisonment, excessive force.