Duty of professionals if an individual has knowledge

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Duty of Professionals : If an individual has knowledge, skill, or training superior to that of an ordinary person, the individual’s conduct must be consistent with that status. Malpractice : Professional misconduct or the lack of the requisite degree of skill as a professional (negligence) Breach of Duty : Did the defendant for something or fail to do something a reasonable person would or would not have done under the same circumstances? Causation: Causation in Fact: An act or omission without which an event would not have occurred – Is there causation in fact? “But for the wrongful act, the injury would not have occurred” Proximate Cause : Legal cause; it exists when the connection between an act and an injury is strong enough to justify imposing liability Actual cause is not enough to establish liability Foreseeability : “When the injuries could not reasonably have been foreseen as the natural, reasonable, and probable result of the original negligent act, then there can be no recovery.” Damages: Was the Plaintiff damaged as a result of Defendant’s act? Defense to Negligence 4
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Assumption of Risk : A defense to negligence. A plaintiff may not recover for injuries or damages suffered from risks he or she knows of and has voluntarily assumed Superseding Clause : An unforeseeable intervening event may break the connection between a wrongful act and an injury to another Contributory and Comparative Negligence o Contributory Negligence : A rule in tort law, used in only a few states, that completely bars the plaintiff from recovering any damages if the damages suffered is partly the plaintiff’s own fault Last Clear Chance Rule: The Jackass Rule : If the person, P or D, who has the last clear chance to avoid the injury fails to use ordinary care to avoid it, then that negligence would be the proximate cause. o Comparative Negligence : A rule in tort law, used in the majority of states, that reduces the plaintiff’s recovery in proportion to the plaintiff’s degree of fault rather than baring recovery completely Special Negligence Doctrines and Statutes Res Ipsa Loquitur : (“the facts speaks for themselves”) A legal doctrine that allows a judge or jury to infer negligence on the basis of the fact that accidents of the type that happened do not happen except in the absence of negligence Negligence Per Se : Doctrine that allows proof of violation of statute as evidence of negligence. o Ex. Accepting to pay a ticket for a car accident is also proof then that your car hitting someone caused injury Good Samaritan Statute : A state statute stipulating that persons who provide emergency services to, or rescue, someone in peril cannot be sued for negligence unless they act recklessly, thereby causing further harm Dram Shop Act : A state statute that imposes liability on the owners of bars and taverns, as well as those who serve alcoholic drinks to the public, for injuries resulting from accidents caused by
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Christopher Reinemann
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