Question: A professional person with specialized knowledge and training is held to a specialized standard of care. ( t f ) The Latin phrase Res Ipsa
A professional person with specialized knowledge and training is held to a specialized standard of care.
The Latin phrase "Res Ipsa Loquitor" means "the person speaks about him or her self." tf
Two tests of proximate cause are the "but for" test and the "substantial factor" test.
It has been argued that the question of proximate cause in the law of negligence basically boils down to the question of forseeability.
In the Palsgraf case, Judge Cardozo held the defendant was not liable to the plaintiff because the defendant's conduct, even if wrongful, did not create an unreasonable risk of harm to the plaintiff and that her injury was not a forseeeable one.
In his dissenting opinion in the Palsgraf case, Judge Andrews would not have had the court find in favor of the Plaintiff. tf
Intervening and supervening causes may break the chain of causation and prevent the defendant from being liable to a plaintiff in a tort injury claim. tf
Most states have not adopted some kind of comparative fault system of negligence in tort claims.
Comparative fault is a defense to a tort claim that provides the plaintiff's recovery of damages must be reduced by the percentage of the plaintiff's own negligence or fault that either caused or contributed to cause the plaintiff's own injuries. tf
Statutes of limitation prevent plaintiffs from bringing stale claims and permit defendants from being exposed to liability for events that are distant in time.
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