Risk Management and Insurance: Chapter 19

the person who is injured or harmed

the person who injured the plantiff

a violation of a person's legal rights, or a failure to perform a legal duty owed to a certain person or to society as a whole

that liability is imposed regardless of negligence or fault

as the failure to exercise the standard of care required by law to protect others from an unreasonable risk of harm

awards for losses that can be determined and documented, such as medical expenses, lost earnings, or property damage

awards for losses that cannot be specifically measured or itemized, such as compensation for pain and suffering, disfigurement, or loss of companionship of a spouse

awards designed to punish people and organizations so that others are deterred from committing the same wrongful act

a cause unbroken by any new and independent cause, which produces an event that otherwise would not have occured

if the injured person's conduct falls below the standard of care required for his or her protection, and such conduct contributed to the injury, the injured person cannot collect damages

if the both the plantiff (injured person) and the defendant (partly accused of negligence) contribute to the plantiff's injury, the financial burden of the injury is shared by both parties according to their respective degrees of fault

you can collect damages for your injury even if you are negligent, but your award is reduced proportionately

you cannot recover if you are 50 percent or more at fault

you cannot recover if your are 51 percent or more at fault

a plantiff who is endangered by his or her own negligence can still recover damages from the defendant if the defendant has a last clear chance to aviod the accident but fails to do so

a person who understands and recognizes the danger inherent in a particular activity cannot recover damages in the event of an injury

the negligence of one person can be attributed to another

by which a motorist's negligence is imputed to the vehicle's owner

the owner of an automobile can be held liable for the negligent acts committed by immediate family memebers while they are operating the family car

a business that sells liquor can be held liable for damages that may result from the sale of liquor

the very fact that the injury or damage occurs establishes a presumption of negligence on behalf of the defendant. It is then up to the defendant to refute the presumption of negligence

a person who enters or remains on the owner's property without the owner's consent

a person who enters or remains on the premises with the occupant's expressed or implied permission

a person who is invited onto the premises for the benefit of the occupant

a condition that can attract and injure children

that the king or queen can do no wrong

government entities can be sued in almost every aspect of government activity, including false arrest, failure to meet certain standards of care, and failure to arrest

an employer can be held liable for the negligent acts of employees while they are acting on the employer's behalf

the defendant cannot introduce any evidence that shows the injured party has received compensation form other collateral sources

several people may be responsible for the injury, but a defendant who is only slightly responsible may be required to pay the full amount of damages

a technique for resolving a legal dispute without litigation

a technique by which parties in a dispute agree to bound by the decision of an independant third party

a technique by which a neutral third party tries to arrange a settlement without resorting to litigation