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Negligence - Coggle Diagram

- - - - the statute sets the standard of care
      - the ∆ violated the statute
      - there is a statute
      - the π must show that they are a member of the class the statute was intended to protect
      - the harm that was suffered is the type of harm the statute was intended to prevent
      - the violation of the statute must also be the cause of the accident
  - - - Type of injury is usually associated with negligence
      - ∆ has exclusive control of whatever caused the injury
      - π did not make a contribution to the injury
      - ∆'s access to information about the event is superior to the π's
- - - - When a child is engaged in an inherently dangerous activity, the child is held to the adult standard of care
      - Some courts provide that a child is held to the adult standard of care when engaged in adult activities
      - A child's conduct is usually measured by the standard of a reasonably careful child of the same age, intelligence, maturity, and training
    - - A blind or otherwise physically handicapped person must exercise his own safety due care, or care to commensurate with the known or reasonably foreseeable dangers
      - Due care is such care as an ordinarily prudent person with the same disability would exercise under the same or similar circumstances
    - - The existence of knowledge, skill, or intelligence superior to that of the ordinary person will demand conduct consistent with that knowledge, skill, or intelligence
    - - The general duty of care imposed on adults with mental disabilities is the same as that without mental disabilities
      - Do not have a duty of care, if they attempt to mitigate the harm they might cause
      - The generally accepted rule is that mental disability does not excuse a person from liability for "conduct which does not conform to the standard of a reasonable person under like circumstances"
    - - A person confronted with a sudden emergency that deprives them of time to contemplate the best reaction cannot be held to the same standard of care and accuracy of choice as one who has time to deliberate
      - Jury instructions should only be given when:
        
        The party seeking the instruction has not been negligent prior to the emergency
        
        The emergency has come suddenly and without warning
        
        Reaction to the emergency was spontaneous, without time for reflection