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Negligence - Coggle Diagram

- - - - Plaintiff must be a member of the class of persons the statute was designed to protect; and
      - Plaintiff's harm must be of the time the statute was designed to prevent
      - Breach of a statutory of care which creates a rebuttable presumption of negligence
    - - The accident doesn't normally occur absent negligence on the part of the defendant
      - The instrumentality causing the accident was within the defendant's exclusive control
  - - - Foreseeability - if the harm that occurred was a foreseeable consequence of the action, then that action is a proximate cause of the harm
      - Substantial Factor Test - if the action was a substantial factor in the harm, then it will be deemed a proximate cause, while remote or trivial factors will only be actual causes rather than proximate causes
  - - - Licensee
        
        Friend
        
        Warn of Known Dangers
      - Invitee
        
        Customer
        
        Inspect and Make Safe
      - Trespasser
        
        Unknown
        
        No Duty
    - - If someone starts to help rescuing, they must do so ina reasonable manner
      - If you create the peril and someone gets hurt or trapped and screams for help, causing other people to come help them, you are liable if those other people are harmed as well
      - Generally, no duty to rescue, UNLESS
        
        The defendant caused the peril
        
        The defendant started to help and rescue
        
        Special relationship exists (vicarious liability)