NCCC 21 Ch 17 - Negligence and Product Liability

Failure to warn

The theory that dangerous products were inadequately labeled or the danger inadequately communicated to the consumer or user.

Reasonable care

The degree of care that a reasonable person would have used under the circumstances then known.

Last clear chance doctrine

The doctrine which holds that a defendant who had the last clear chance to avoid injuring the plaintiff is liable even though the plaintiff was contributorily negligent. Also called humanitarian doctrine.

Supervening cause

A new occurrence that became the proximate cause of the injury.

Prudent

Cautious.

Res ipsa loquitur

A legal doctrine from tort law meaning, the thing speaks for itself.

Design defect

The theory that a product was negligently designed or could have been designed more safely.

Contributory negligence

Negligence on the part of the plaintiff that contributed to his or her injuries and is a proximate cause of them. In a contributory negligence jurisdiction, any proven negligence on the part of the plaintiff results in the plaintiff losing.

Compensatory damages

Damages that compensate the plaintiff for actual losses resulting from the breach.

General damages

Money meant to compensate the plaintiff for pain and suffering (physical discomfort and emotional trauma).

Ordinary negligence

The lack of ordinary care.

Gross negligence

Extreme negligence.

Pain and suffering

Physical discomfort and emotional trauma.

Business invitee

One invited on the premises for a business or commercial purpose.

Willful, wanton, and reckless conduct

The intentional commission of an act that a reasonable person knows would cause injury to another. Also called culpable negligence.

Statute of repose

An absolute time limit for bringing a cause of action regardless of when the cause of action accrues.

Dangerous instrumentalities

Hazardous items such as explosives and wild animals.

Attractive nuisance doctrine

A doctrine establishing property owners’ duty to use ordinary care toward trespassing children who might reasonably be attracted to their property.

Humanitarian doctrine

The doctrine which holds that a defendant who had the last clear chance to avoid injuring the plaintiff is liable even though the plaintiff was contributorily negligent. Also called the last clear chance doctrine.

Bare licensee

A person allowed on another’s premises by operation of law, such as a firefighter or police officer.

Gratuitous guest

One invited on the premises for nonbusiness purposes.

Manufacturing defect

The theory that a product was negligently built or built with substandard materials.

Assumption of the risk

An affirmative defense wherein the defendant asserts (and must prove) that the plaintiff voluntarily assumed the consequences of injury that were caused by the defendant; or, when an employee agrees that the dangers of an at-work injury shall be at his or her own risk.

Comparative fault

Another term for comparative negligence.

Culpable negligence

The intentional commission of an act that a reasonable person knows would cause injury to another. Also called willful, wanton, and reckless conduct.

Product liability

Liability of manufacturers and sellers of goods to compensate people for injuries suffered because of defects in the manufacturers’ and sellers’ products.

Mitigate

Lessen; keep as low as possible.

Privity of contract

The relationship that exists between contracting parties.

Wrongful death statutes

Legislative enactments that govern wrongful death actions.

Wrongful death action

A suit brought by a decedent’s personal representative for the benefit of the decedent’s heirs, claiming that death was caused by the defendant’s negligent or intentionally wrongful act.

Comparative negligence

The proportionate sharing between the plaintiff and the defendant of compensation for injuries, the division based on the relative negligence of the two.