Sec 1A Torts Cases

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

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