HFT3603 Exam 2 Study Guide negligence a breach of legal duty to act reasonably that is the direct cause of injury to another a plaintiff suing in negligence must prove 4 elements 1 The existence of a legal duty to act reasonably owed by the defendant to the plaintiff 2 A breach of that duty 3 Injury to the plaintiff 4 Proximate cause proximate cause direct and immediate cause of an injury preexisting condition a prior physical impairment which may or may not be aggravated in the event of injuries suffered due to negligence invitee someone who comes to an establishment for the purpose for which the business is open to the public or for a purpose directly or indirectly connected with that business licensee someone who is on the premises of another by permission or acquiescence of the owner or occupier and not by invitation trespasser a person who enters a place without the permission of the owner or occupier res ipsa loquitur means the thing speaks for itself frees the plaintiff from the burden of proving the specific breach of duty committed by the defendant To use the elements of res ipsa loquitur the plaintiff must prove the following 3 elements 1 the plaintiffs injury was caused by an accident that would not normally have happened without the negligence 2 the thing causing the injury was within the exclusive control of the defendant 3 the plaintiff did not provoke the accident attractive nuisance a potentially dangerous object or condition of exceptional interest to young people such as a swimming pool a large empty box or a snow pile negligence per se describes conduct that violates a law or ordinance designed to protect the safety of the public prima facie sufficient evidence if unrebutted to support a judgment for the plaintiff strict liability imposes liability for injury caused by an ultra hazardous activity without regard to fault or wrongdoing by the party engaging in the dangerous conduct strict products liability imposes liability on the seller of a defective product without regard to negligence respondeat superior means let the master employer answer the legal responsibility of the employer for the acts of its employees within the scope of employment in furtherance of duties performed for the employer at home or school during employees off duty hours independent contractor someone who contracts to do one or more specific projects for someone else and maintains control of how the work is done nondelegable duty that cannot be transferred or delegated to another good samaritan statutes laws that protect a person who reacts in an emergency situation by trying to help an injured person or someone in peril rescue doctrine benefits a rescuer who is injured while administering aid contributory negligence if the plaintiffs carelessness contributed to the injury the plaintiff cannot successfully sue a negligent defendant instead the case will be dismissed comparative negligence a plaintiff s negligence will not totally defeat the lawsuit the jury will allocate liability between the plaintiff and the defendant depending on their relative degree of culpability guilt blame that is deserved last clear chance doctrine used by plaintiffs in certain negligence cases to support their argument that the defendant should be liable for failing to prevent the injury even if negligent acts of the plaintiff initially put the plaintiff in peril assumption of risk a doctrine that holds a plaintiff may not recover for injuries received when he voluntarily exposes himself to a known risk insurer one who is generally obligated to compensate another for all losses constructive notice information or knowledge of a fact imputed to a person by law because he or she could have discovered the fact by proper diligence or because the situation was such as to put upon such person the duty of inquiry expert witness a witness with superior knowledge about a subject due to education and or experience absolute or strict liability the doctrine that imposes all the risk of an ultra hazardous activity upon those who engage in it hotel keepers were liable for any loss of guests property occurring on hotel premises infra hospitium means within the inn this doctrine states that under common law hotels were liable as insurers for guests property on the hotel premises act of god a happening not controlled by the power of humans but rather from the direct immediate and exclusive operations of the forces of nature earthquakes lightening snowstorms public enemy an exception to the absolute liability rule applicable when losses are suffered during wartime and or as a result of terrorist activities prima facie liability a rule that states that hotel keepers are liable for property loss only if the loss occurs through their negligence if the loss results from some other cause the inn keeper is not liable limiting liability statutes limiting statutes the laws that restrict innkeepers liability for property loss in exchange for strict statutory compliance by the inn keeper conspicuous the notice must be displayed in such a way that people are likely to see it merchandise samples refers to goods for sale brought to a hotel by a salesperson guest doctrine of equitable estoppel a legal principle that precludes a person from claiming a right or benefit because that person made a false representation to another person who relied on the untruthful statement to his detriment bailment transfer of possession of personal property from one person to another with the understanding that the property will be returned bailor the person transferring possession of the property bailee the person receiving possession bailment for the sole benefit of the bailor exists when the bailee receives no benefit from the bailment bailment for the solw benefit of the bailee exists where the bailor lends property to the bailee and receives nothing in return mutual benefit bailment also called bailment for hire both parties receive some benefit from the bailment prima facie case a cause sufficient to warrant a judgment for the plaintiff if the defendant does not contradict it with other evidence constructive bailment bailment created by laws as a result of special circumstances rather than by agreement between the parties concessionaire an independent contractor that operates the checking facilities luggage and coats Forseeable a company owes a duty to protect its guests against an injury if it is forseeable if it is not forseeable the company does not