Personal Injury Law Fundamentals Flashcards

Which element of negligence requires a direct link between the defendant's conduct and the plaintiff's injury?

Answer: Causation

Causation requires both actual cause ('but-for' test) and proximate cause (foreseeability) to connect defendant's breach to plaintiff's harm.

What is the 'eggshell skull' (thin skull) rule in personal injury law?

Answer: Defendants take plaintiffs as they find them, even with pre-existing vulnerabilities

The eggshell skull rule holds that a defendant is fully liable for a plaintiff's injuries even if those injuries are unusually severe due to a pre-existing condition.

What does 'proximate cause' mean in a negligence claim?

Answer: The defendant's breach was a foreseeable cause of the type of harm that occurred

Proximate cause limits liability to harms that were reasonably foreseeable as a result of the defendant's negligence, cutting off liability for remote or unforeseeable consequences.

What is a 'tortfeasor' in personal injury law?

Answer: A person or entity that commits a tort

A tortfeasor is the party whose wrongful act or omission gives rise to a tort claim and potential civil liability.

Which doctrine allows a plaintiff to recover even if partially at fault, reducing recovery by their percentage of fault?

Answer: Pure comparative negligence

Under pure comparative negligence, a plaintiff may recover damages reduced by their percentage of fault, even if they are 99% at fault.

What is 'assumption of risk' as a defense in personal injury cases?

Answer: The plaintiff voluntarily accepted a known risk inherent in an activity

Assumption of risk is a complete or partial defense where the defendant shows the plaintiff knowingly and voluntarily encountered the risk that caused injury.