Miscellaneous / Sec 1A Torts Cases

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

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