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neglignece, eggshel skull doctrine = appleis to a ll preexisting…

- - - - special duty rules = professionals, malpractice; legal, medical
        
        definition = persons with advanced or specialized training and who through their groups engage in some form of self regulation
        
        professional standard of care = must employ the skill, care, and diligence that would be mployed by a member of the profession in good standing in same / similar circumstances
        
        lawyers (state standard), doctors (national standard), engineers, architects, pilots, etc.
        
        common knowedge exception = an exception in the expert witness requirement in professional negligence cases; if the conduct is, according to common knowledge, a breach of professional standards, no expert is required
        
        specialists = the standard if care is that of a person of that area of specialization = in medical practice, a physician with a particualr focus and membership in a specialist occupational group
        
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  - - - entrant categories = trespasser, licensee, invitee
        
        trespasser = a person who enters or remains on property without express or implied permission
        
        licensee = one who enters proeprty with express or implied permission; by law, only two kinds of entrants are licensees = social guests, traveling salesen
        
        invitee = one who enters the land with express or implied permission and either
        
        enters for hte potential financial benefit of landowner, busiesns invitee, or enters land held open to the public at leart, public invitee, e.g., museum patron
        
        unitary neglgience apprahc = an appraoch to landowner liability that requires landowners meet an obligation of reasonble care regardless of the category of entrant or the condition that caused harm
        
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  - - - where D creates the danger or injury to P, or an instruemnt in D's control; D has a duty to take reasonbel care to try to rescue P
        
        where D has started to engage in rescue efforts, and is aawre P beleives D is going to complete the rescue efforts, assumption of duty; D must proceed with reasonable care
        
        where D has agreed in a contract to provide rescue; legal duty to rescue
  - - - willful misconduct = an intentional deviation from a clear duty or from a definite rule of conduct, a deliberate purpose not to discharge some duty necessary to safety, or purposely doing wrongful acts with such knowledge or appreciation of the likelihood of resulting injury
        
        wonton misnconduct = fialure to exercise any care whatsoever
        
        majority = protectio nfor any rescuer
        
        minority = protectio nfor health care workers nad other 'skilled rescuers'
        
        strong form good samaritan statutes = makes it a misdemeanor to fail to provide a rescue when it is cheap or easy to do so
  - - - the rescurer, is always a foreseeable victim of an initial wrongful act, even if standing many feet away; in which case C's comparative negligence might offset damages award or be found to be the sole proximate cause
        
        limited duties for professional rescuers
        
        firefighter's rule = a rule that bars professional rescuers from recovering from parties whose neglgience created the need for their services
        
        extended to law enforcement, EMTs and other first responders
        
        does not apply to off duty professional rescuers; does not apply wehre landowners are reckless or grossly negligent
  - - - zone of danger, direct NIED = a type of NIED action for a 'near miss' P who could have been physically impacted, but escapted contact, and who seeks to recover for emotional distress
        
        P was in teh zone of danger and could have been physically contacted as a result of D's negligence, but was not contacted, suffering only emotional distress
        
        bystander, indirect NIED = a form of NIED action for a family member who witnesses the death or serious injuyr of a close family member and suffers emotional distress as a result
        
        P who is at / near the secene of an accident, who witnessess DDD of a clsoe family member, can recover for emotioanl distress even if P was not in the zone of danger; parent - child; spoues - spoues
  - - - applies where = the risk associated with teh activity seem obvious, to the court; eliminating the risk would be too costly or impossible; liabiltiy under ordinary negligence principles would 'chill' some valuable activity
        
        bars recovery for negligence in two fact patters = sports and high risk recreational activities
        
        vigorous participation is required for sports participation to serve its purpose
        
        definition = a policy rational for applying primary assumption of risk to athletic activities - if participants coudl recover for mere negligence for co participants, players would be hesitant to engage in sports with the same level of exuberance nad sports would lose some of their athletic value
        
        for injuries to spectators at sporting events and similar venues
        
        reckelssness = a description of conduct deomonstrating a conscious disregard of a substantitl and unjustifiable risk of harm
        
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- - - - to establish caustion, the expert must testify taht 'the substance must be capable fo causing the disease and taht the substance must have caused P's disease'
        
        standard of proof = preponderance of evidence standard = a requiement that a party demonstrate taht their version of the facts was more probably tahn not the actual state of affiars with respect to cuasation
        
        as a matter fo histrical and physical fact, applying th epreponderance of evidence standard, P's injury was caused by D's conduct.
        
        'but for' cause test = a test by which a cause is identified as a cause in fact becaues, in the absence fo that caues, P would not ahve suffered teh daamages for which he seeks to recover
        
        but for [D's conduct], would P be free of [injury suffered] BFF
        
        if yes, D's conduct was a BF cuase, and therefore also aa facutal cause
        
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  - - - multiple sufficent causes = redundant, overlapping ofrcesl any of which was sufficient to produce P's harm
        
        applies whenever there are two or more competing causes, each of which is sufficient without hte other to cause the harm and each were in operation at the time P's harm occurs
        
        A and B both shoot C; a shots c in the brain, b shoots c in the heart, and the bullets arrive at the same time; is a's conduct the BF cuase of c's death? no, becaues C would have died from B's shot. under BF, c can recover form neither a or b.
        
        RS2D solution = substantial factor test = if D's conduct was a 'substantial factor' that materially contributed to P's injury, facutal cause satsified
        
        RS3d solution = double historical counterfacutal double negative
        
        if multiple acts occur, each of which would have been a facutual cause of the physicarm at the time in the absence of the otehr acts, each act is regarded as a facutal cause
        
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  - - - foreseeability test = D's conduct is a PC of P's injury if, at the time D actied, he or she should have foreseen the potential for doing harms, general kind of harm that P suffered, to someone such as P, general class fo persons taht includes P
        
        was P in the 'general category' of victim, suffereing 'general category' of harm?
        
        foreseeability = whether a result can be anticipated form an action
        
        reasonable foreseeability = whether a reasonable person would anticpate a result form an action
        
        foreseeable risk = a risk that a reasonable person would anticipate is created by actions or conduct
        
        foreseeable risk = foreseeable victim + foreseeable harm
        
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- - - - the existance of a duty on teh party of D to conform to a specific standard of care for the protection of P against unreasonble risk of injury, and
        
        breach of that duty by D and
        
        that the breach of duty was the causation, factual and proximate, of P's injury, and
        
        damages to P's person or property
        
        standard of care = reaosnble person standard
        
        definition = an objective standard that compares the conduct of a person agaisnt that of a fictional person of ordianry prudence
        
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- - - - reasonbleness analysis = cost beneift analysis, hand formula; a reasonble person takes precautions wherever tehir cost is less than the expected loss associated with not taking those precautions
        
        burden of adequte precautions, 'cost' B = probability of accident P; gravity of injury, loss, caused by accident L; reasonable precautions --> all precautions wehre B < P * L
        
        can utilize NPS, CE, or RIL to outline standard of care
        
        negligence per se = a doctrine allowing a statutory standard to replace the ordinary standard of care when P was in the class of persons that statute was designed to protect and suffered the kind of harm the statute was designed to avert; evicdence for the purpose of showing presence or abence of the standard of care
        
        borrowing a provision of statutory text to establsih standard of care
        
        the statute must be specific in laying out a standard of care. the statute must have bee designed ot protect agianst hte particualr kidn of harm the P suffered
        
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