The Restatement (Second) of Torts defines negligence as "conduct that falls below the standard of behavior established by law for the _______________ of others against unreasonable risk of harm."

In Florida, the tort of negligence is defined in Florida Civil Instruction 401.4 as the failure to use reasonable care, which is the care that a reasonably careful person would use under ___________ circumstances.

The 4 elements of a prima facie case of negligence are duty, _____________, causation and damages.

In negligence cases, the burden of proof is by a ___________________ which means that the plaintiff must prove that their version of events is more likely than not, the correct version. In other words,the plaintiff must present evidence which is more credible and convincing than that presented by the defendant.

The threshold question in every negligence case is whether the Defendant owes a duty to the plaintiff; that is whether the defendant had a legal obligation to act _________________.

If the Defendant is confronted with anemergency, and is forced to act with little time for reflection, the Defendant must merely behave as a reasonable person would if confronted with the_________________, not as a reasonable person would with plenty of time to think.

The ____________________ Standard states that the defendant must exercise the degree of care that any reasonable person would exercise under similar circumstances.

_______________________ are accorded a special status that limits their liability for injuries to others caused by the conditions or activities on their land. This classification of people do not have to conduct themselves as "reasonable persons under the circumstances", rather they have limited duties and standards of care.

Possessors of land do not have to conduct themselves as "reasonable persons under the circumstances", because they have limited duties and standards of care. For example, a possessor of land owes no duty of care to a _____________ to make the land safe or to protect him in any way.

Under the ____________________________ doctrine, a possessor is liable for the injuries to children trespassing on his land if the injury is caused by a dangerous condition on the land that is likely to attract children to enter the premises because it is an enticing item on which to play.

A(n) ______________, is a social guest, who has the possessor's consent to be on the property, but who does not have a business purpose for being there. If the possessor has actual knowledge of a dangerous condition, she has a duty to warnher social guest of that danger.

Pursuant to general tort law, a possessor of land has a duty to warn a(n) _____________________ of a dangerous condition and a duty to inspect the premises for hidden dangers.

To prove a slip and fall case, the plaintiff must establish that the owner eithercausedthe condition or that the owner was aware of the condition, but ______________ to take a reasonable measure to remove the hazard.

The legal doctrine that provides that any person who renders emergency care in an emergency situation shall not be held liable for any damages as a result of such care is called the _______________________ Act. In Florida, we havesuch an Act.

While it seems callous, a general rule in tort law is that a person has no duty to ______________ another person who is in danger.

________________________________ is a legal doctrine which states that an employer is vicariously liable for the tortious actions of employees performed within the course and scope of their employment.

The ___________________________ doctrine holds the owner of a car liable for the torts committed by those members of the family who drive the car with the owner's permission.

The hypothetical Reasonable Person used in negligence cases is risk-conscious, has knowledge of basic facts commonly known in the ________________________ and obeys all laws.

__________________________is a legal doctrine used to establish the negligence of a defendant when there are no witnesses to explain how an injury occurred but only one explanation is probable.A plaintiff can use this doctrine to infer negligence without providing direct evidence if the defendant had control of the object caused the injury.

_________________________ is a legal theory that provides that an act can be considered automatically negligent by a court if it violates a statute that has been designed to protect the public.

Under the ______________ test, a defendant will be deemed the actual cause of the Plaintiff's injuries, if the plaintiff would not have been injured but for the defendant's negligence.

The_________________Theory states thatwhen two parties have acted unreasonably, but only one caused the injury to the Plaintiff, the burden shifts to the negligent parties to prove that they were not the cause of the injury.

Most courts have adopted Judge Cardozo's holding inPalsgraf v. Long Island R.R. Co.and find that a Defendant is liable only for those consequences of his negligence which were reasonably______________ at the time he acted.

Under the _____________________ rule, a defendant is liable for all the consequences of his negligent acts, regardless of how unforeseeable those consequences may be, so long as they flow directly from his actions.

Compensatory damages are divided into two categories of damages,general damages, such as pain and suffering, and___________ damages, such as lost wages.

The __________________________ rule, prohibits the admission of evidence that the plaintiff has received compensation from some source other than the defendant. Under this rule, a plaintiff can receive a double recovery in that she can recover from both her insurance company and from the defendant.

The legal principal that provides that an insurance company may recover the amount paid to the plaintiff from the negligent defendant, if plaintiff's insurance company has paid the plaintiff for damages he incurred, is called ____________.

If the Plaintiff's property is completely destroyed by the Defendant's negligent conduct, Plaintiff's damages are measured according to the___________________value of the property at the time and place the negligent tort occurred. This valuation of property is based on the amount the property could be sold for on the openmarket.

If the court determines that a jury's punitive damage verdict is excessive in view of the particular circumstances of the case, it can order a _____________, which is a procedural process in which the jury verdict is reduced.

When an injured plaintiff files a negligence action, the plaintiff's spouse can file a derivative claim that arises out of the underlying negligence action for loss of ___________________and be awarded damages for loss of services, loss of support, and loss of quality in the "marital relationship."

A wrongful death action is brought by the decedent's _____________ seeking damages for losses suffered as a result of the death of the decedent including the loss of financial support provided by the decedent.

In most personal injury cases, attorneys are paid a _______________feewhich is a for a fee based on a percentage of the client's recovery. If there is no recovery, the attorney receives nothing.

The ___________________ Rule states that a plaintiff in a negligence case cannot recover any damages she could have reasonably avoided.

Once a person has been injured by the defendant's negligence, the Plaintiff must take reasonable steps to avoid further injury, this is called the duty to __________________.

In a lawsuit where the defendant' s affirmative defense of ____________ is proven, a plaintiff will be totally barred from recovery if he was in any way negligent in causing the accident.

If a defendant's affirmative defense of ________________ is proven, the plaintiff's recovery will be reduced in direct proportion to the plaintiff's percentage of contribution to her own injuries.

Under the___________________ doctrine, a defendant remains liable if he had the last opportunity to avoid the harm that occurred to the plaintiff and failed to do so.

Florida has adopted the ___________ Comparative Negligence system in which the jury assigns a percentage of fault to each responsible party and damages are apportioned accordingly.

When a plaintiff's participation in a risky recreational activity is clearly voluntary, courts are more likely to support a defendant's affirmative defense of__________________ and deny the plaintiff recovery.

Courts often find that judges, prosecutors, and legislators are not liable for negligent acts done within the scope of their official duties if they pled and proved the affirmative defense of ___________.