Sec 1A Torts Cases

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

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