LAW 308-8

conduct that falls below the standard established by the law of protection of others against unreasonable risk of harm

degree of care htat a reasonable person would excercise under all circumstances

must conform to conduct of a reasonable person of the same age, intelligence, and experienc under all circumstances

must conform to same conduct of a reasonable person with the same disability

a mentally disabled person is held to the same standard of someone who is NOT mentally deficient

if a person has superior skill or knowledge, the skills and knowledge are taken into account as circumstances in determining whether or not they have acted without reasonable care

emergency is ataken into concideration as circumstances however the reasonable person standard still applies

if the statute applies the violaiton is neglegence per se in most states

A person is under a duty to all others at al times to excercise reasonable care for the safety of the other persons property; however in special circumstances, no one is required to aid another in peril.

not to injure intentionally

to warn of known dangerous conditions licensees are unlikely to discover for themselfs

to excercise reasonable care to protect invitees against dangerous conditions possessor should know of but invitees re unlikely to discover

• The thing speaks for itslef
• Permits the jury to infer both negligent conuct and causation

the defendants conduct is a factual cause of the harm when the harm would not have occured without the conduct

liability is limited to those harms that result from the risks that made the defendants conduct tortious

excludes liability for harms that were sufficiently unforseeable at the time of the defendants tortious conduct that they were not amoung the risks that amde the defendant negligent.

an intervening act that relives the defendant of liability

plaintiff must prove that the defendants negligent conduct caused harm to a legally protected interest

courts determine which intersts are protected from negligenct interference

failure of a plaintiff to excercise reasonable care for his own protection, which in a few states prevents the plaintiff from recovering anything

damages are divided between the parties in proportion to their degree of negligence; applies in almost all states

plaintiifs express consent to encounter a known danger; some states still apply implied assumption of the risk

liability for nonintentional and nonnegligent conduct

• strict liability is imposed for any activity
• (1) creates a forseeable and highly significant risk of harm
• (2) is not of common usage

strict liability is imposed for wild animals and usually for trespassing domestic animals

is not a defense to strict liability

some state apply this doctrine to some strit liabilty cases

express assumption of risk is a defense to an action based upon strict liability; some states apply implied assumption of risk to strict liability cases.