LGS 200 Study Guide - Midterm Guide: Contributory Negligence, Strict Liability, Gross Negligence

• School: University of Alabama
• Department: Legal Studies
• Course: LGS 200
• Professor: Ruth Ann Hall

Document Summary

4 types: intentional, negligence, strict liability, product liability. Unintentional are the most common tort, car wrecks are the most common of this. Gross negligence: worse than regular, such as drinking and driving and hitting someone vs. just hitting them. Res ipsa loquitur (cid:862)the thi(cid:374)g speaks for itself(cid:863) Burden of proof shifts to the defendant. When a city ordinance or statute to protect people is disobeyed. Type of defense: participating in a risky activity that results in injury. Contributory negligence: in some states if the plaintiff is found at all responsible, then they lose the case. Comparative negligence: when the plaintiff is partially responsible and can still win the case. Lady has scales fall on her when the train goes by and hits the fireworks; loses case. Ruled she was outside the risk a(cid:374)d the railroad (cid:449)as(cid:374)"t the pro(cid:454)i(cid:373)ate (cid:272)ause of her i(cid:374)juries.