Torts - Duty to Rescue and Related Concepts

A set of flashcards covering key legal concepts and terminology related to tort law, specifically focusing on the Duty to Rescue, causation, foreseeability, and liability.

Duty to Rescue

The legal principle that individuals in the United States typically do not have a legal obligation to help others in peril.

Bystander Rule

In Europe, individuals may be penalized for failing to assist someone in need.

Good Samaritan Statute

Laws designed to protect individuals from liability when they voluntarily provide assistance in an emergency.

Attractive Nuisance

A legal doctrine that states property owners may be liable for injuries to children trespassing if they are attracted by a hazardous condition on the property.

Causation

The requirement in tort law that the plaintiff must demonstrate that the defendant's actions are the direct cause of the plaintiff's harm.

Foreseeability

The ability to predict or expect potential outcomes from one's actions, particularly regarding negligence in tort cases.

Res Ipsa Loquitur

A doctrine allowing an inference of negligence when the cause of an accident is under the defendant's control.

Strict Liability

A legal standard that holds a defendant liable for harm caused by their actions regardless of negligence or intent, often applied in cases involving abnormally dangerous activities.

Joint and Several Liability

A legal concept where multiple defendants can be held liable for the entire amount of damages in a tort case.

Eggshell Plaintiff Rule

A legal doctrine stating that a defendant is liable for the plaintiff's injuries even if the injuries are more severe than what a typical person would have suffered.