Sec 1A Torts Cases

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

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