Explore the legal terms and concepts related to Negligence. Click on any term below to learn more about its definition and applications.
What damages are available for negligence actions?
Damages generally consist of either injury to one's person or one's property. Purely economic damage...
In assessing proximate causation, what is the relationship between foreseeability, direct causation, and indirect causation?
Generally, a defendant is liable for all harmful outcomes that are the normal results of, and within...
In assessing negligence, when do you determine whether there are alternative causes to the injury, and what is the result?
Where (1) there are two acts, and (2) only one of them causes the injury, and (3) it is unknown whic...
In assessing negligence, when do you determine whether a cause was a substantial factor in causing the injury?
Where several causes (joint causes) bring about an injury, and any one alone would have been suffici...
In assessing negligence, what is the but for test?
An act or omission is the actual cause of an injury where the injury would not have occurred but for...
In assessing negligence, what is actual causation and what three methods may be used to determine it?
Actual cause refers to a cause or factor without which the event could not have occurred. The three...
In assessing negligence, when does breach occur?
A defendant breaches their duty of care when their conduct falls below the level required by the app...
In assessing negligence, when is there a duty to act?
Generally, there is no duty to act, unless: (1) one assumes a duty by starting to act; (2) one place...
What is an attractive nuisance, and how is a claim established?
Landowners may be held liable for injuries to children trespassing on their land if the injury is ca...
When is a lessor liable for dangerous defects on their property?
Where a lessor covenants to repair, they are liable for unreasonably dangerous conditions. Absent a...
In assessing negligence, what duty of care is owed by landowners to lessees?
Generally, a lessee has a duty to maintain the premises. However, a lessor must warn of defects that...
In assessing negligence, what duty of care is owed by landowners to licensees?
A licensee is one who enters onto land with permission of the possessor for his own purpose or busin...
In assessing negligence, what duty of care is owed by landowners to discovered or anticipated trespassers?
Landowners owe a duty to discovered or anticipated trespassers to warn of—or make safe—known, concea...
In assessing negligence, what duty of care is owed by landowners to undiscovered trespassers?
Landowners owe no duty to an undiscovered trespasser.
In assessing negligence, what duty of care is owed by landowners to those off premises?
Landowners owe no duty to protect someone off premises from natural conditions on the premises, but...
In assessing negligence, what duty of care is owed by bailees?
An ordinary standard of care applies if the bailment is for mutual benefit. A high standard of care...
In assessing negligence, what duty of care is owed by common carriers and innkeepers?
Common carriers and innkeepers are held to a very high degree of care, and can be found liable for e...
In assessing negligence, what duty of care is owed by children?
Children are held to the standard of a child of similar age, education, intelligence, and experience...
In assessing negligence, what duty of care is owed by professionals?
Generally, Professionals are obligated to possess the knowledge and skill of a member of the profess...
In assessing negligence per se, when is breach excused?
Breach may be excused where (1) compliance would have caused more danger than a violation, or (2) co...
In assessing negligence, what is negligence per se?
Negligence per se exists where duty and breach are conclusively presumed. To establish it, the plain...
In assessing negligence, when is a duty of care owed?
Generally, a duty of care is owed to all foreseeable plaintiffs, as determined by the applicable sta...
What is negligence?
Negligence involves (1) a duty of care, (2) a breach, (3) actual causation, (4) proximate causation,...
In assessing negligence, what duty of care is owed during emergencies?
During an emergency, one must act as a reasonable person under emergency conditions.
In assessing negligence, who owes a duty and what is the general standard of care owed?
Generally, all persons owe a duty to act with the ordinary care of a reasonably prudent person.
In assessing negligence, what is a proximate cause?
A proximate cause is an event sufficiently related to an injury that the courts deem the event to be...
In assessing negligence, what duty of care is owed by landowners to invitees?
An invitee is one who enters onto land in response to an invitation from the landowner for a purpose...
