Sec 1A Torts Cases

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

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