Sec 1A Torts Cases

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

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