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Failure to exercise reasonable care under the circumstances. Contains 3 elements: Breach of duty of care, Proximate Cause, and Injury
Reasonable Person Standard
Duty of care required to avoid being negligent; refers to one who is careful, diligent, and prudent
A disabled person's conduct must conform to that of a reasonable person under like disability
A mentally deficient person is held to the reasonable person standard of a reasonable person who is not mentally deficient.
Superior skill or knowledge
Professionals must exercise the same skill normally possessed by members of their profession
The reasonable person standard applies, but the emergency is considered part of the circumstances
Duty to licensees
To warn of known dangerous conditions licensees are unlikely to discover for themselves.
Person privileged to enter or remain on land by virtue of the consent of the lawful possessor
Duty to invitees
To exercise reasonable care to protect invitees against dangerous conditions possessor should know but invitees are unlikely to discover
Res Ipsa Loquitur
"the thing speaks for itself"; permits the jury to infer both negligent conduct and causation
Causation in fact
The defendant's conduct was the actual cause of, or a substantial factor in causing, the injury
But for rule
Conduct is a cause of an event if the event would not have occurred in the absence of the person's negligent conduct
No liability if defendant could not reasonably have anticipated injuring the plaintiff or a class of persons to which the plaintiff belongs
Intervening event that occurs after the defendant's negligent conduct and relieves her of liability
Harm to legally protected interest
Courts determine which interests are protected from negligent interference
Failure of a plaintiff to exercise reasonable care such as the failure is a legal cause of the plaintiff's harm
Doctrine dividing damages between the plaintiff and defendant where the negligence of each has caused the harm
Abnormally dangerous activities
Involve a high degree of risk of serious harm and are not matters of common usage
Keeping of animals
Strict liability is imposed for wild animals and usually for trespassing domestic animals
Imposed upon manufacturers and merchants who sell goods in a defective condition unreasonably dangerous to the user or consumer
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