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Negligence Torts Essentials

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Assumption of Risk

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A defense in which the defendant argues that the plaintiff voluntarily engaged in an activity with known risks and is therefore not entitled to compensation.

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Vicarious Liability

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A legal doctrine which holds an individual or entity (often an employer) legally responsible for the negligence of another person (often an employee), even if the individual or entity was not personally negligent.

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Damages

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A sum of money awarded to an individual in compensation for loss or injury as a result of the negligence of another.

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Causation

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A link between an individual's action (or inaction) and the harm suffered by another person, which is required for legal liability.

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Comparative Negligence

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A method for allocating damages when both parties are at least partially at fault, whereby the plaintiff's compensation is diminished in proportion to their fault.

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Breach of Duty

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A situation where an individual fails to exercise reasonable care to avoid causing harm, not fulfilling their duty of care.

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Res Ipsa Loquitur

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A doctrine that infers negligence from the very nature of the accident or injury in the absence of direct evidence on how the defendant behaved.

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Proximate Cause ('Legal Cause')

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The determination that the harm suffered was a foreseeable result of the defendant’s actions.

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Negligent Infliction of Emotional Distress

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A tort that allows a plaintiff to recover for emotional distress caused by the defendant’s negligent conduct, even in the absence of physical injury.

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Economic Damages

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Compensation for monetary losses that result from the negligence of another, such as medical bills, lost wages, and property damage.

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Duty of Care

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A legal obligation imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others.

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Actual Cause ('Cause in Fact')

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The determination that the defendant’s breach of the standard of care directly caused the plaintiff's harm.

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Contributory Negligence

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A defense that claims the plaintiff's own negligence contributed to their harm, which may limit or bar their recovery.

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Negligence Per Se

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A concept where an act is considered negligent because it violates a statute or regulation.

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Standard of Care

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The degree of care that a reasonably prudent person would exercise in the same or similar circumstances.

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