Term
| duty owed to an unknown trespasser |
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Definition
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Term
| duty owed to a known trespasser |
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Definition
| duty to warn of KNOWN dangers |
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Term
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Definition
| duty to warn of KNOWN dangers |
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Term
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Definition
known persons and persons with privilege i.e. fireman & policeman
*in IL they're considered invitees |
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Term
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Definition
| duty to warn, inspect and make safe |
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Term
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Definition
person entering a business, regardless of purchase, garbage man, postman
*IL includes policemen and firemen |
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Term
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Definition
| to exercise reasonable care in supervising their child, to prevent harm to others, if parents knows or should know they can control their child and if they know or should know of the necessity to control their child |
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Term
| duty owed to aid another (general) |
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Definition
| generally no duty is owed to come to someone's aid, reasonable standard and the plaintiff must be foreseeable |
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Term
| duty owed in an attempt to help/assist another |
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Definition
| you have to act with reasonable care i.e. you cant leave them in worse condition than when you found them or you become liable |
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Term
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Definition
| where a rescuer, a doctor or medical personnel, is protected and NOT liable for ordinary negligence during the attempt to assist another. they're ONLY liable for gross negligence i.e. more than reckless |
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Term
| duty owed for the creation of peril |
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Definition
| if you create the condition you have a duty to give assistance |
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Term
| examples of "special relationships" of duty |
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Definition
common carrier
teacher/student
employer/employee
innkeeper/guest
*HIGH degree of care is required and they're liable for even SLIGHT negligence (common carriers & innkeepers/guests) |
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Term
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Definition
| the standard is how other children would act of the same age, education, intelligence and experience UNLESS they're engaging in adult activity THEN the standard of care is that of an adult engaging in the same activity |
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Term
| duty owed by a professional |
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Definition
| they have a duty to act as other professionals with the same level of training, experience and background i.e. a heightened duty |
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Term
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Definition
actual cause
proximate cause
intervening cause
superseding cause |
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Term
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Definition
| the BUT FOR test, but for the def actions it would not have occurred |
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Term
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Definition
| whether it was foreseeable i.e. was what the def did foreseeable to know that an injury would be caused to another |
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Term
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Definition
| a factual cause of harm that contributes to the plaintiff's harm i.e. if something else intervenes but it was foreseeable then the def remains liable for the new or aggravated injuries AND def pays for ALL damages |
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Term
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Definition
| if something else intervenes that was UNFORESEEABLE this severs liability after the initial negligence i.e. acts of god, intentional torts and crimes |
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Term
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Definition
| you take the plaintiff as you find them i.e. plaintiff had a pre-existing problem or sensitivity that is exacerbated by the def's negligent acts and the injury is more severe than what a normal person would have obtained, def is responsible for ALL of it |
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Term
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Definition
the violation of a statute and the person harmed is part of the protected class of people the statute was designed to protect AND the injury incurred was the type of injury that the statute was designed to protect
*majority= no conclusive proof of negligence is required but merely enough for a jury to infer
*IL= rebuttable presumption of negligence |
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Term
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Definition
whatever happened does not normally happen in the absence of negligence and the def was in exclusive control of the instrumentality i.e. are or place where it occurred OR more likely than not that the def did it i.e. the thing that speaks for itself
*many states do not require exclusive control as an element |
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Term
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Definition
the owner of the land should know that children are going to trespass and the condition possess an unreasonable risk of harm and the kids because of their age or maturity cannot appreciate or realize the risk/harm and the utility of maintaining the condition is slight compared to the injury that may occur and the owner fails to make it safer
*lack of appreciation= SUBJECTIVE standard |
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Term
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Definition
pure comparative negligence
modern or modified comparative
contributory
assumption of risk
joint & several liability
vicarious liability
independent contractor
indemnification
contribution |
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Term
| pure comparative negligence |
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Definition
| the plaintiff is negligent themselves but they WILL still recover although damages are reduced by their percentage of contributed fault |
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Term
| modern or modified comparative negligence |
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Definition
| if plaintiff is more than 50% responsible for the accident their recovery is BARRED, plaintiff can ONLY recover if their fault is LESS than that of the def's and damages are reduced by their percentage of contributed fault |
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Term
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Definition
when a plaintiff fails to exercise reasonable care for her own safety and contributes to her own injury and recovery is BARRED if plaintiff is even 1% responsible
*defense= last clear chance |
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Term
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Definition
| plaintiff may mitigate the legal consequences of her own contributory negligence IF def had the last clear chance to avoid the accident but failed to do so, then plaintiff CAN recover damages |
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Term
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Definition
| you know and appreciate the nature of the danger involved and you do it anyways then NO recovery for damages BUT you must have understood the "sign" posted etc |
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Term
| joint & several liability |
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Definition
| two or more people caused a single injury incapable of apportionment then each def is subject to liability to the plaintiff for the ENTIRE harm |
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Term
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Definition
an employer is liable for ALL negligent acts of their employees as long as the employees acts were within the scope of employment
*defenses= intentional tort & detour and frolic |
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Term
| vicarious liability/intentional tort |
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Definition
| an employer is NOT responsible for the intentional tort UNLESS committed in the furtherance of the employees business |
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Term
| vicarious liability/detour & frolic |
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Definition
| an employer MAY be liable for a negligent act committed during a detour, a minor and permissible deviation from the scope of employment, but NOT one committed during a frolic, an unauthorized and substantial deviation |
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Term
| independent contractor liability |
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Definition
| an employer is NOT liable for their negligent acts |
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Term
| ind contractor/abnormally dangerous activity |
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Definition
| an employer IS responsible for negligent acts |
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Term
| ind contractor/non-delegable duty |
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Definition
| the thing that is for the benefit of or the protection of the public i.e. fixing sidewalks, shingles, cleaning and the employer IS responsible for negligent acts |
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