4577961
| Question | Answer |
| Duty | To act as a reasonable person. each of us has a duty to behave as a reasonable person would under the circumstances |
| Breach | you acted unreasonably |
| Causation | 2 types of causation Factual and proximate |
| Damages | prove the action lead to harm |
| Factual Cause | if the defendants breach led to the ultimate harm, it is the factual cause |
| Proximate cause | For the defendant to be liable, the type or harm must have been reasonably foreseeable. |
| Res Lpsa Loquitor | an excessive control, normally not happen without negligence, and plaintiff no role causing harm. |
| Duty to trespasser | Not to injure intentionally |
| Duty to children | if a man made item on the land attracts children, the landowner may be liable |
| Duty to licensees | To warn of known, but hidden dangerous conditions licensees are unlikely to discover for themselves |
| Duty to Invitee | to exercise reasonable care to protect invitees against dangerous conditions possessor should know of but invitees are unlikely to discover (highest duty of care. someone you invited for your benefit) |
| Contributory Negligence | in a few states, if the plaintiff is at all negligent, he cannot recover damages from the defendant (he cannot sue) |
| Comparative Negligence | your award gets reduced by percentage if you are at fault |
| Assumption of Risk | A person who voluntarily enters a situation that has an obvious danger cannot complain if she is injured (most visible offense) (warning signs) |
| ultra hazardous activity | defendants are virtually always held liable for harm (doesn't matter if not intentional or didn't mean to cause damages) (includes using/moving harmful chemicals, explosives & keeping wild animals |
| Types of product liability | negligent design negligent manufacture failure to warn |
| strict liability for defective products | unreasonably dangerous; in the business of selling; and reaches customer without substantial change |
| 2 things they look @ with product liability | Consumer expectation Risk-utility |
| Statute of limitations | usually 1 to 5 years from when defect is discovered |
| Statute of Repose | absolute limit on bringing the case (10 years from the sale) |
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