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Negligence: (1) P has suffered an injury (2) D owed a duty of reasonable…

- - - - Exceptions to the exceptions (when you do owe a duty): (1) Special relationship (2) Prior conduct created risk (3) Assumption of duty (4) Voluntary starting (5) Statute (6) Intentional prevention of aid by others (7) Duty to warn
    - - Invitee: Enters premises of another in response to express or implied invitation of owner/occupant for mutual advantage. Duty to keep premises reasonably safe and when not reasonably safe, warn if there is a hidden danger or peril that is not in plain view.
      - Licensee: Enters property of another for convenience, pleasure, or benefit in response to license of implied permission of owner (social guests). Duty to warn of hidden perils that are not in plain view of which the possessor is actually aware or should be aware.
      - Trespasser: Enters premises of another without license, invitation, or other right. Duty to refrain from willingly or wantonly injuring (Katko v. Briney).
      - Rowland Factors
    - - Rowland Seven Factor Test: (1) Foreseeability of harm to P (2) Degree of certainty P suffered an injury (3) Closeness of connection between D's conduct and P's injury (4) Moral blame attached to D's conduct (5) Policy of preventing future harm (6) Burden on D and consequences on community for imposing this duty (7) Availability and cost of liability insurance.
- - - - Exceptions to the rule: (1) Children are usually held to the calibrated to capacities of an average child of the same age and experience (2) People with physical disabilities like blindness
  - - - Professional Standard: A physician is required to make such disclosures as comports with the prevailing medical standard in the community. What would a doctor in a similar circumstances disclose?
      - Prudent Patient Standard: In proving breach in an informed consent case, P must prove that if he had received the information, a reasonable person would have made a decision to forgo the procedure. Ask what would a patient of a sound mind want to know in order to make an informed decision.
- - - - Express: You can sometimes waive in advance (almost always in writing) right to sue for negligence.
      - Implied: You may forego right to sue (or recover reduced) when you decide to to encounter risk that generates your injuries. D must show that through conduct, P knowingly chose to encounter the risk.
        
        Primary assumption of the risk: Where by virtue of the nature of the activity and the defendant owes no legal duty to protect the P from the particular risk of harm that caused the injury--AOTR continues to operate as a compete bar to recovery.
        
        Secondary implied assumption of the risk: Most jxs; Where the D does owe a duty of care to the P, but the P proceeds to encounter a known risk imposed by the D's breach of duty--AOTR is merged into the comparative fault scheme, and trier of fact, in apportioning the loss resulting from the injury, may consider the relative responsibility of the parties.
        
        Secondary implied assumption of the risk in minority of jxs: Where the D does owe a duty of due care to the P, but the P reasonably proceeds to encounter a known risk--that decision provides a D a complete defense.