Chapter 9 LEGAL pt. 2 awesome

Negligence tort

A civil wrong that happens when someone fails to use reasonable care, and that carelessness causes harm or injury to another person. Requires a legal duty, breach of duty, causation, and harm.

What creates a legal duty

Statutes, contractual duties, and similar legal obligations.

Duty to rescue

In the U.S. there is no general duty to rescue, unless it's your job, it's your child or a child you take care of, or you created the danger.

Good Samaritan laws

Protect you from liability if you try to help to the best of your abilities.

Higher duty of care

Professionals are held to a higher standard. Example: an off-duty EMT.

Landowner's duty

A landowner must keep land safe for anyone who enters, whether invited or not (mailman, friend, or trespasser). You are liable if someone gets injured.

Breach of duty

Failing to meet the duty of care, through negligence per se or by violating a safety statute (example: not stopping at a stop sign).

Negligence per se

A legal doctrine where a defendant is automatically considered to have breached their duty of care if they violate a safety law, regulation, or ordinance. 

Reasonable person standard

Asks whether the person acted as a reasonable person would. Very debatable.

Res ipsa loquitur

Latin for "the thing speaks for itself." Negligence is presumed because the injured party couldn't have caused it themselves (example: a surgical sponge is found in your body after surgery).

Causation

The link between the defendant's act and the plaintiff's harm. Includes cause in fact and proximate cause.

Superseding causation

An unforeseen, independent event that happens after a defendant's negligent act and completely breaks the chain of proximate causation, relieving the original defendant of legal liability for the resulting harm. 

Punitive damages (torts)

Damages that punish, above and beyond, and don't compensate. Handled differently state by state.

Comparative negligence

A defense where both parties are somewhat negligent (example: a car runs a red light and gets hit by a speeding car). Fault is divided.

Contributory negligence

A legal rule stating that if an injured person is even slightly at fault for their own accident, they cannot collect any money (damages) from the other person. (Alabama, D.C., Maryland, North Carolina, and Virginia)

Assumption of the risk

A defense where the plaintiff knowingly accepted the risk (example: skydiving).

Strict liability torts

A legal rule that holds a person or business responsible for damages or injuries they cause, regardless of their intent, fault, or negligence.  Applies to ultrahazardous or abnormally dangerous activities, and the judge ultimately decides.

Ultrahazardous activities

An action or process that is so inherently risky that the person or company conducting it is held to strict liability for any resulting injuries or property damage.