HFT 3603 EXAM 2 VERIFIED STUDY GUIDE
Negligence - Answers - A breach of a legal duty to act reasonably that is the direct
cause of injury to another
61% of guests - Answers - get injured at a hotel
Elements of a Negligence Case - Answers - 1. The existence of a legal duty to act
reasonably owed by the defendant to the plaintiff
2. A breach on that duty
3. Injury to the plaintiff
4. Proximate cause
Spontaneous and Inappopriate - Answers - Restaurant wheelbarrow race
Elks Club - Answers - Crack covered up under mat, in violation of negligence
False sense of security - Answers - Fake cameras
Reasonable and Prudent - Answers - Can never have a bad day
Proximate cause - Answers - the direct and immediate cause of an injury
Pre-exisiting condition - Answers - A physical impairment suffered prior to the fall,
negligence would not be the proximate cause of the injury
Intervening or suspending occurrence - Answers - Events independent of and occurring
after the defendant's alleged negligence may be the direct cause of the injury, rather
than the defendant's negligence (Ex: police officer and stolen car)
Invitee - Answers - Someone who comes to an establishment for the purpose for which
the business is open to the public, or for a purpose directly or indirectly connected with
that business
Liability may result if the business: - Answers - 1. Knows, or by the exercise of
reasonable care would discover a dangerous condition that presents and unreasonable
risk of harm to invitees;
2. should expect that invitees will not discover or realize the danger or will fail to protect
themselves against it
3. fails to exercise reasonable care to protect its invitees against the danger
Licensee - Answers - Someone who is on the premises of another by permission of the
owner or occupier, and not by invitation (off-duty employee)
, Duty owed to Licencees - Answers - 1. Refrain from willfully or wantonly injuring the
licensee or acting in a manner to increase peril
2. Warn of any latent dangers on the premises of which the property owner has
knowledge
Trespasser - Answers - A person who enters a place without the permission of the
owner or occupier
"Management by walking around" - Answers - Prevents negligence lawsuit, employees
feel comfortable and can tell manager if there is a harmful issue
Email - Answers - about a dangerous condition, don't call
Licensee - Answers - Person uses bathroom at a hotel
Trespasser - Answers - Uses hotel as shortcut to public beach (if the path is not worn)
Trespasser - Answers - Park at bank across the street at night and trips
Res Ipsa Loquitur Doctrine - Answers - "The thing speaks for itself", frees the plaintiff
from the burden of proving the specific breach of duty committed by the defendant (flour
factory barrel falling on someone walking by outside)
Res Ipsa Loquitur Elements - Answers - 1. The plaintiff's injury was caused by an
accident that would not normally have happened without negligence
2. The thing causing the injury (the flour) was within the exclusive control of the
defendant
3. The plaintiff did not provoke the accident
Attractive Nuisance Doctrine - Answers - A potentially dangerous object or condition of
exceptional interest to young people, such as a swimming pool, a large empty box, a
snow pile suitable for sliding created by a plow, and equipment or ditches at a
construction site.
Attractive Nuisance Doctrine Elements - Answers - 1. A condition exists that is attractive
to children and is likely to cause them injury
2. The owner or occupier of the land knows or should know of the condition
3. Due to the child's immaturity, he does not appreciate the danger
Negligence Per Se - Answers - Describes conduct that violates a law or ordinance
designed to protect the safety of the public
Castors - Answers - Wheels
Prima Facie - Answers - Noncompliance is sufficient evidence if unrebutted to support a
judgement for the plaintiff
Negligence - Answers - A breach of a legal duty to act reasonably that is the direct
cause of injury to another
61% of guests - Answers - get injured at a hotel
Elements of a Negligence Case - Answers - 1. The existence of a legal duty to act
reasonably owed by the defendant to the plaintiff
2. A breach on that duty
3. Injury to the plaintiff
4. Proximate cause
Spontaneous and Inappopriate - Answers - Restaurant wheelbarrow race
Elks Club - Answers - Crack covered up under mat, in violation of negligence
False sense of security - Answers - Fake cameras
Reasonable and Prudent - Answers - Can never have a bad day
Proximate cause - Answers - the direct and immediate cause of an injury
Pre-exisiting condition - Answers - A physical impairment suffered prior to the fall,
negligence would not be the proximate cause of the injury
Intervening or suspending occurrence - Answers - Events independent of and occurring
after the defendant's alleged negligence may be the direct cause of the injury, rather
than the defendant's negligence (Ex: police officer and stolen car)
Invitee - Answers - Someone who comes to an establishment for the purpose for which
the business is open to the public, or for a purpose directly or indirectly connected with
that business
Liability may result if the business: - Answers - 1. Knows, or by the exercise of
reasonable care would discover a dangerous condition that presents and unreasonable
risk of harm to invitees;
2. should expect that invitees will not discover or realize the danger or will fail to protect
themselves against it
3. fails to exercise reasonable care to protect its invitees against the danger
Licensee - Answers - Someone who is on the premises of another by permission of the
owner or occupier, and not by invitation (off-duty employee)
, Duty owed to Licencees - Answers - 1. Refrain from willfully or wantonly injuring the
licensee or acting in a manner to increase peril
2. Warn of any latent dangers on the premises of which the property owner has
knowledge
Trespasser - Answers - A person who enters a place without the permission of the
owner or occupier
"Management by walking around" - Answers - Prevents negligence lawsuit, employees
feel comfortable and can tell manager if there is a harmful issue
Email - Answers - about a dangerous condition, don't call
Licensee - Answers - Person uses bathroom at a hotel
Trespasser - Answers - Uses hotel as shortcut to public beach (if the path is not worn)
Trespasser - Answers - Park at bank across the street at night and trips
Res Ipsa Loquitur Doctrine - Answers - "The thing speaks for itself", frees the plaintiff
from the burden of proving the specific breach of duty committed by the defendant (flour
factory barrel falling on someone walking by outside)
Res Ipsa Loquitur Elements - Answers - 1. The plaintiff's injury was caused by an
accident that would not normally have happened without negligence
2. The thing causing the injury (the flour) was within the exclusive control of the
defendant
3. The plaintiff did not provoke the accident
Attractive Nuisance Doctrine - Answers - A potentially dangerous object or condition of
exceptional interest to young people, such as a swimming pool, a large empty box, a
snow pile suitable for sliding created by a plow, and equipment or ditches at a
construction site.
Attractive Nuisance Doctrine Elements - Answers - 1. A condition exists that is attractive
to children and is likely to cause them injury
2. The owner or occupier of the land knows or should know of the condition
3. Due to the child's immaturity, he does not appreciate the danger
Negligence Per Se - Answers - Describes conduct that violates a law or ordinance
designed to protect the safety of the public
Castors - Answers - Wheels
Prima Facie - Answers - Noncompliance is sufficient evidence if unrebutted to support a
judgement for the plaintiff
