BLAW Ch. 7
Order by
16 terms
Terms | Definitions |
|---|---|
 assumption of risk | a plaintiff who voluntarily enters into a risky situation knowing the risk involved. 1) knowledge of the risk and 2) voluntary assumption of the risk |
| business invitees | Those people, such as customers or clients, who are invited onto business premises by the owner of those premises for business purposes. |
| causation in fact | if injury would not have occurred without the defendant's act |
| comparative negligence | enables both the plaintiff and defandant's negligence to be computed and the liability for damages even if his fault is greather than of the defendant's |
| contributory negligence | a plaintiff who was also negligent (failed to exercise a reasonable degree of care) could not recover anything from the defendant |
| dram shop act | A state statute that imposes liability on the owners of bars and taverns, as well as those who serve alcoholic drinks to the public, for injuries resulting from accidents caused by intoxicated persons when the sellers or servers of alcoholic drinks contributed to the intoxication. |
| duty of care | The duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. Failure to exercise due care, which is normally determined by the reasonable person standard, constitutes the tort of negligence. |
| Good Samaritan statute | someone who is aided voluntarily by another cannot turn around and sue the "Good Samaritan" for negligence |
| malpractice | when a professional violates his/her duty of care to a client |
| negligence | someone suffers injury because of another's failure to live up to a required duty of care |
| negligence per se | may occur if an individual violates a statute or an ordinance providing for a criminal penalty and that violation causes another to be injured |
| proximate cause | exists when the connection between an act and an injury is strong enough to justify imposing liability |
| reasonable person standard | The standard of behavior expected of a hypothetical "reasonable person"; the standard against which negligence is measured and that must be observed to avoid liability for negligence. |
| res ipsa loquitur | presumption of the defendant's negligence. doctrine is applied only when the event creating the damage or injury is one that ordinarily does not occur in the absence of negligence |
| strict liability | liability without fault - a person who engages in certain activities can be held responsible for any harm that results to others even if the person used the utmost care |
| superseding cause | relieves a defendant of liability for injuries caused by the intervening event |
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