Sec 1A Torts Cases

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HoldingCase
products: rejects privity; duty of care to end users
causation: must show reasonable certainty for cause
Non-commercial social host has no duty towards 3rd parties injured by drunk minors
Med Mal: national standard > similar localities test
state of the art: ex ante approach
No special relationship --> no aff duty
when statute: private action must be consistent w/ legislative scheme
police: no duty re: specific threats
defective design for autos: compare to other similar models
Jury decides reasonable precautions for crossing train tracks
GM design defect, but P was responsible too
foreseeability: probable consequences standard
failure to follow industry standard doesn't establish negligence
Common carriers required to exercise reasonable care NOT extraordinary care
Therapist has duty to protect threatened victim
cannot recover for loss of enjoyment of life w/o cog. awareness
Suing your parents is OK
SL for products
Baller scientist gets disfigured: high non-pecuniary damages upheld
legal, but inherently dangerous activity: liable
release form for ski resort unenforceable
No lights on buggy: negligence per se
Duty to protect patrons on commercial prop? Balancing test
shift burden for causation to Ds in special cases
B < PL
warnings: enough to say 'serious injury' don't need to be specific
HoldingCase
conscious disregard for others --> punitive damages
FDA requires waning--> exception to learned intermediary doctrine
danger is obvious and necessary--> assumption of risk
Docs: no comparative negligence for Ps
Dillon standard doesn't apply to mother + kidnapped baby in hospital
mental distress: lack of physical manifestation OK; standard: ordinary sensitive person
spare tire flew off truck = res ipsa
false information --> liable for resulting harm
negligent sterilization: limited-recovery rule; but if birth defects, special expenses
Standard of care: get out of car, look/listen for trains
established: lawful act + ordinary care = no liability
rape behind untrimmed hedges: not foreseeable
No liability when result would be crushing liability
Asbestos: physical contact =/= physical impact
expert med testimony --> causation
econ harm: surrounding businesses can't recover lost profits
mental distress: dillon standard
extreme event: only reasonable for damages that were foreseeable
constructive notice of danger --> negligence
govt employee: ministerial/discretionary distinction
Independent contractor: Apparent Auhority --> vicarious liability
financial harm: no knowledge of particular use, therefore no duty
motorcycle w/ no leg guards --> design defect
no relationship if far away --> no duty
qualified immunity for govt
complex product: use risk/utility
HoldingCase
res ipsa to smoke out which doc was negligent
firefighter rule doesn't apply beyond premises liability
punitive: single-digit multiplier
careless + some foreseeable harm = responsible for all resulting harm
drinking buddies --> special relationship; start helping --> special relationship
no licensee/invitee distinction: both reasonable care
Falling barrel = res ipsa
safety statute = negligence per se; rule of the road doesn't
knowingly encountering a risk created by D --> secondary assumption of risk
Chem spill: use negligence, not SL
Negligent entrustment = not ok
Med experts can testify --> educate jury about med mal res ipsa
mental suffering: doesn't require physical impact, but does require physical manifestation
bring something onto land -->mischief-->you're responsible
road surface, lack of signs: discretionary act -->liablity
Jury should decide if airline is negligent for falling luggage
bible study group: licensee not invitee
fungible product: liability by market share
Applies Birkner test for scope of employment --> vicarious liability
Adequate precautions against foreseeable risks = no liability
Eggshell P rule
no proof of elapsed time --> no constructive notice
'shocks the conscious' --> overrule compensatory damages
duty to fetus which will result in a child
econ harm: if foreseeable, can recover

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Created Dec 13, 2010ReportNominate
Tags:case, holding, sec, tort