Sec 1A Torts Cases

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

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