What are the elements of negligence?
- D owes duty of care
- D breaches duty
- Actual and proximate cause of P’s injury
- P suffered damages to person or property
These elements must be proven for a successful negligence claim.
What is negligence per se?
- Prove that defendant violated statute for public safety
- Prove that he belongs to class of persons the statute protects
- Prove that statutory violation caused injury
This doctrine simplifies the plaintiff’s burden of proof in negligence cases.
True or false: The sale of alcohol drinks is considered a proximate cause of later acts committed by the purchaser.
FALSE
There is no negligence action against a vendor who served drinks to a drunk driver.
What must a plaintiff prove in cases of negligent entrustment of a motor vehicle?
- Owner knew or had reason to know
- Entrusting vehicle to an unfit driver
- Likely to cause injury to others
In cases involving intoxicated drivers, the plaintiff must show the owner knew about the driver’s addiction.
Virginia rejects the family purpose doctrine. What does this mean?
The owner of an automobile is NOT vicariously liable for a family member’s negligent operation solely by virtue of the family relationship.
Virginia allows claims for direct liability against parents based on negligent entrustment.
What is the standard for contributory negligence in Virginia?
- Plaintiff is barred from recovery if negligent
- Any negligence from the plaintiff bars recovery
This standard does not compare the degree of negligence between parties.
What are the elements of contributory negligence?
- Plaintiff had a duty to take reasonable precautions
- Plaintiff failed to act as a reasonable person would
- Plaintiff’s actions were a proximate cause of injuries
This defense is usually an affirmative defense in negligence cases.
What is the Last Clear Chance rule?
Defendant can still be liable for a helpless plaintiff
For an inattentive plaintiff, the defendant must have seen them and realized they were in trouble.
What is the default standard of care?
Reasonably prudent person under the same/similar conditions
Professionals must exercise the knowledge and skill of a member of their profession in good standing.
Under what conditions can children be considered negligent?
- Under 7 = cannot be negligent
- 7-14 = rebuttable presumption of not negligent
The presumption can be rebutted by showing the child understood the dangers.
What is the duty of care owed to invitees?
- Duty of reasonable care
- Keep premises in reasonably safe condition
- Warn of any unsafe condition
No duty to warn of open and obvious unsafe conditions.
What is the duty of care owed to licensees?
Duty of reasonable care and warn of any unsafe condition if not obvious
Licensees are individuals invited onto land for social purposes.
What is the duty of care owed to known trespassers?
Minimal duty to warn of/make safe highly dangerous and concealed artificial conditions
At common law, landowners had no duty regarding natural conditions of the land.
What is res ipsa loquitur?
Fact that an injury occurred allows inference of breach
This legal doctrine helps establish negligence when direct evidence is lacking.
What does respondeat superior entail?
Employer is liable for the torts of an employee committed within the scope of employment
This principle holds employers accountable for their employees’ actions during work.
What is the statute of limitations for personal injury claims?
2 years
It can be tolled under certain conditions, such as if the person becomes incapacitated.
What is the Good Samaritan Statute?
Applies to all persons providing aid in emergencies, protecting them from civil damages
This statute encourages bystanders to assist without fear of legal repercussions.
What are the elements of battery?
- Voluntary act
- Intended to cause harmful or offensive contact
- Causes harmful or offensive contact with plaintiff
Battery requires intent and actual contact.
What constitutes assault?
- Voluntary act
- Puts P in reasonable apprehension of immediate harmful or offensive contact
Words alone are generally not sufficient to establish assault.
What is false imprisonment?
Intentional act causing plaintiff to be confined or restrained
The plaintiff must be aware of the confinement or suffer physical injury if unaware.
What is required for intentional infliction of emotional distress?
- Voluntary act by D that is extreme or outrageous
- Causes P to suffer severe emotional distress
Physical injury is not required, but actual damages must be shown.
What is trespass to land?
Intentional act causing physical invasion of P’s real property
Only intent to enter land is needed, not intent to trespass.
What is defamation?
- Publication to a third party
- Actionable statement
- False, defamatory, factual assertion about the plaintiff
The requisite intent varies for private individuals and public figures.
