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|Assumption of the Risk
|a defense used when it is alleged that the plaintiff assumed a risk knowingly and willingly of the possibility of harm.
|the act by which an effect is produced; one of four elements to be proven in a successful tort claim.
|an action by the tortfeasor that resulted in an invasion of some legally protected interest of another to which the tortfeasor is held responsible for the harm caused.
|an alternative defense to contributory negligence theory which allows the liability of the defendant to be adjusted or reduced by the percentage of the plaintiff’s contribution to his/her own injuries.
|money awarded to compensate the victim for the tortfeasor’s negligence.
|a defense to negligence claiming the plaintiff’s own actions contributed to the injuries.
|proper and sufficient care as far as circumstances demand it; the absence of negligence.
|the action by which, under particular circumstances, would produce an anticipated result such as injury to someone.
|a higher degree of disregard, inadvertence, and indifference to a legal duty and the consequences of ignoring the legal duty.
|a court order that directs a party to refrain from or to perform certain acts.
|the design, will or determination to act a certain way through a person’s state of mind.
|actions designed with intent that bring about a certain result from the act.
|the legal right by which a court can exercise authority over a case.
|ill will or the intentional doing of a wrongful act or injury to someone without excuse.
|the failure to use such care as a reasonably prudent and careful person would use under the same or similar circumstances.
|Negligence per se
|an action or omission where the evidence is clear and not controverted and was in violation of a statute.
|small damages awarded to a plaintiff as a symbolic gesture.
|Preponderance of the Evidence
|evidence which is of greater weight or more convincing that the evidence offered in opposition.
|Prima Facie Evidence
|that evidence which proves a case at first sight.
|a natural, continuous sequence of events set into motion by the tortfeasor; and, when unbroken, produces injury – without such action, the result or injuries would not have occurred.
|damages awarded to a plaintiff in order to punish the defendant and to keep a particularly bad act from happening again.
|a degree of care which a person of ordinary prudence would exercise in the same or similar circumstances.
|Res Ipsa Loquitor
|the thing speaks for itself. A theory of negligence used when there is a rebuttable presumption or inference that the defendant was negligent.
|“let the master answer”; the master (employer) is liable in certain cases for the wrongful acts of his/her servant (employee)
|lacking authenticity or validity in essence or origin; not genuine; false.
|Statute of Limitations
|the time limit in which a victim can bring a lawsuit for injuries before he/she is forever barred from bringing an action in court.
|Statute of Repose
|the time limit in which a victim can bring a lawsuit for injuries against a manufacturer or seller in a products liability case calculated from the time of the sale of the product.
|a concept applied in product liability cases in which a seller is liable for any and all defective or hazardous products which unduly threaten a consumer’s safety.
|the right of an insurer to institute suit in the name of the insured against the responsible party to collect for monies paid by the insurer to the insured.
|a civil wrong against a person or property as defined by state or federal law.
|one who commits a civil wrong; a wrongdoer.
|the locality of the court with proper jurisdiction to hear a case.