Exam 2 Vocabulary Chapter 5 people 1 Assumption of risk a doctrine that holds a plaintiff may not recover for injuries received when he voluntarily exposes himself to a known risk 2 Attractive nuisance a potentially dangerous object or condition of exceptional interest to young 3 Comparative negligence the rule followed in some states apportioning damages according to the comparative contribution of the negligence of the parties A jury will allocate the liability between the plaintiff and the defendant depending on their degree of culpability based on a total of 100 4 Contributory negligence the rule followed in some states that prevents a plaintiff from collecting damages if the plaintiff s negligence contributed to the injury 5 Good Samaritan Statutes Laws that protect a person who reacts in an emergency situation by 6 7 8 9 trying to help a sick or injured person or someone in peril Independent contractor one who contracts to for work for another but who maintains control of the method of accomplishing the work Also someone hired by another to perform a given task according to methods and procedures that are independent from the control of the hiring party Invitee one who comes to an establishment for its business purpose that is for a purpose directly or indirectly connected with that business 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 Licensee in cases of negligence one who does not qualify as an invitee but who has been given permission by the owner or occupier to enter or remain on the property Alson a person who has been granted a license to engage in certain conduct such as the sale of alcohol 10 Negligence breach of a legal duty to act reasonably that is the direct or proximate cause of 11 Negligence per se when a defendant has violated a law or ordinance designed to protect the injury to another safety of the public 12 Nondelegable a duty that cannot be assigned or delegated to another 13 Preexisiting condition a propr physical impairment which may or may not be aggravated in the event that of injuries suffered due to negligence 14 Prima facie such evidence as will suffice to establish a cause of action until contradicted and 15 Proximate cause the direct and immediate foreseeable connection between a breach of duty overcome by other evidence and a resulting injury 16 Rescue doctrine this rule of law recognizes that danger invites rescue The doctrine holds that a person who through his negligence jeopardizes the safety of another person may be liable to a third person the rescuer who attempts to save the person at risk and suffers injuries in the process 17 Res ipsa loquitur The thing speaks for itself The doctrine that frees the plaintiff from the burden of proving the specific breach of duty committed by the defendant It applies where an accident whould not normally happen without negligence and the instrumentality causing the injury was in the defendant s exclusive control 18 Respondeat superior let the master employer answer The liability of the employer for the acts of its employees 19 Strict liability also called absolute liability the doctrine that imposes all the risks of an ultrahazardous activity upon those who engage in 20 Strict products liability the doctrine that imposes liability on the seller of a defective product without regard to negligence 21 Trespasser one who enters a place without permission of the owner or occupier 22 Within the scope of employment furtherance of duties performed for the employer Chapter 6 1 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 2 Expert witness a witness with superior knowledge about a subject due to education and or experience Insurer one who is generally obligated to compensate another for losses 3 Chapter 7 There is none Chapter 8 1 Absolute Liability strict liability the doctrine that imposes all the risks of an ultrahazardous activity upon those who engage in it 2 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 3 Bailee the person receiving possessions of good or personal property 4 Bailment a transfer of possession of goods or personal property from a person in possession of the property to another with the understanding that the property will be returned 5 Bailment for the sole benefit of the bailee the bailor receives no benefit 6 Bailment for the sole benefit of the bailor the bailee receives no benefit from the bailment 7 Bailor the owner of goods or personal property who transfers such property to a bailee 8 Concessionnaire an independent contractor who provides a service to a hotel s guests 9 Conspicuous out in the open easily seen 10 Constructive bailment bailment created by law rather than by the parties agreeing 11 Equitable estoppel a legal principle that precludes a person from claiming a right or benefit that might otherwise have existed because that person made a false representation to a person who relied on it to his or her detriment 12 Infra hospitium meaning within the inn This doctrine states that under common law hotels were liable as insurers for guests property on the hotel premises 13 Limiting liability statutes laws that restrict an innkeepers liability for property loss in exchange for strict statutory compliance by the innkeeper limiting statutes 14 Merchandise Samples samples of goods for sale brought to a hotel by a salesperson guest 15 Mutual benefit bailment exists when both parties receive some benefit from the bailment 16 Prima facie such evidence as will suffice to establish a cause of action until contradicted and overcome by other evidence 17 Prima facie liability rule a rule that states that hotelkeepers are liable for property loss only if the loss occurs through their negligence if the loss results from some other cause the innkeeper is not liable 18 Public enemy an exception to the absolute liability rule applicable when losses are suffered during war time and or as a result of terrorist activities 19 Strict liability Absolute liability the doctrine that imposes all the risks of an