PLA 3277 Lecture Notes - Lecture 7: Reasonable Person, Attractive Nuisance (Album), Attractive Nuisance Doctrine
15 Apr 2016
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Duty- imposed by society (can be imposed by statutes, in florida violation of a statute is considered negligence, but it must cause the damage) Violation (breach)- the violation must cause the injury. Damage there has to be damages if your not hurt there is generally no cause of action. Duty in general- what a reasonable person would do under similar circumstances. Good samaritan laws- will be upheld unless you act really stupid. Emergency rooms- immunity except reckless disregard cannot be contingent upon payment. Rescue doctrine- danger invites rescue and if they get hurt they can be compensated to. Medical- what a reasonably prudent similar health care provider would do under similar circumstances. Must file notice of intent to initiate litigation. For regular standard practice a state standard is used no matter where you live in the state. Specialist use a national standard because there may not be another specialist in the state.
