Term
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Definition
strict liability case
you are strictly liable for blasting on your own land that injures another outside of your land |
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Term
| Indiana Harbor Belt R.R. Co. v. American Cyanamid Co. |
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Definition
strict liability case
hazardous materials shipped by rail is not governed by strict liability |
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Term
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Definition
"Abnormally Dangerous"
1. existence of risk
2. likelihood harm will be great
3. inability to eliminate risk through reasonable care
4. extent activity is common
5. inappropriateness of activity to place
6. value to community v. dangerous attributes |
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Term
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Definition
Is defendant liable for negligence when act is beyond area of ordinary prevision?
No, not responsible for anything beyond ordinary care. |
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Term
| United States v. Carroll Towing Co. |
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Definition
barge crashed, would bargee have prevented accident?
yes, bargee would have prevented accident
BPL
There is a duty of care to protect others from harm when the burden of taking adequate precautions is less than the product of probability of the resulting harm and the magnitude of the harm. |
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Term
| Baltimore & Ohio R.R. Co v. Goodman |
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Definition
judge v. jury re: negligence
court decided before jury
court was dealing with a standard of conduct that is very clear: driver should get out of car & check for trains |
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Term
| Pokora v. Wabash R.R. Co. |
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Definition
judge v. jury re: negligence
jury should have decided Goodman
court's dictated behavior was dangerous to citizens
R: Jury should decide standard of measuring negligence unless "reasonable minds would not differ." |
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Term
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Definition
common carriers in NY
should common carriers be held to a higher standard than reasonable care?
no, same duty of reasonable care |
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Term
| Andrews v. United Airlines |
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Definition
common carriers in CA
must a common carrier be liability for an injury with small probability when burden on common carrier is low?
yes, they are liable when the burden is low and the injury can be prevented at little cost
in CA, common carriers have a standard of care of vigilance and foreseeability |
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Term
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Definition
res ipsa loquitor - the fact that there was an accident is evidence of negligence
can defendant be liable for negligence based only on the fact there was an accident?
yes, if accident could only occur because of negligence |
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Term
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Definition
the thing speaks for itself
- shifts burden of proof to defendant to show they weren't negligent
3 elements
1. accident of kind not usually occurring without negligence
2. caused by agency within exclusive control of defendant
3. injury not due to voluntary action on part of plaintiff
res ipsa brings forth evidence only defendants would have |
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Term
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Definition
res ipsa case
- applying res ipsa loquitor when patient suffers injury while knocked out during surgery |
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Term
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Definition
custom case
- custom was for landlords to install thicker glass in bathroom
- should be left for jury to decide whether custom was widely known and if defendant should have known about it and whether the burden on him was too great |
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Term
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Definition
statute case
- not following a statute is negligent when the statute's purpose is public safety
- car was driven without headlights on, violated statute requiring headlights |
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Term
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Definition
statute
- 2 pedestrians hit by car when they didn't follow statute, but following statute would have put them in more harm |
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Term
| 3 times when you don't have to follow statute: |
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Definition
1. compliance more dangerous than non-compliance
2. if outside purpose of statute
3. occassionally physically unable to comply with statute |
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Term
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Definition
duty
- boat operator did not have duty to warn or rescue because no special relationship existed
social host ≠ duty |
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Term
| When is there a duty to warn or rescue? |
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Definition
between plaintiff and defendant
1. common carriers
2. innkeepers
3. possessors of land who open it to public
4. custody of another person (police)
OR you create a relationship
OR you create a risk |
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Term
| What is the baseline duty? |
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Definition
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Term
| Complying with a statute (for duty) |
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Definition
| custom doesn't set duty, compliance doesn't show duty met |
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Term
| Not complying with statute (for duty) |
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Definition
| custom doesn't set duty, non-compliance doesn't establish breach, goes to burden and reasonableness |
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Term
| non-compliance with statute (for duty) |
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Definition
| statute can set duty, reasonable care still exists as additional duty, non compliance can show breach |
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Term
| compliance with statute (for duty) |
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Definition
| statute doesn't set duty, reasonable care still exists as duty, compliance doesn't show duty was met |
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Term
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Definition
duty
drinking buddies, duty created when one assumed care of the other and let him die
social venture includes understanding you will assist each other |
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Term
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Definition
is driver liable for injuries causes by unforeseen illness?
- no, strict liability doesn't work for drivers
- illness doesn't allow driver to be liable |
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Term
| When is there a duty to control a 3rd party? |
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Definition
defendant and 3rd party
5 things
1. parent/child
2. master/servant
3. land/chattel owner and user of such
4. custody of crazed killer
5. therapist/patient (Tarasoff) |
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Term
| Randi W. v. Muroc Joint Unified School District |
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Definition
duty to disclose information
writer owns duty to not misrepresent facts describing qualification is misrepresentations cause a foreseeable risk of physical injury to third party |
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Term
| Tarasoff v. Regents of UC |
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Definition
duty to control 3rd party
special relationship existed between killer and therapist, therapist knew of specific danger, it was foreseeable |
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Term
| Strauss v. Belle Reality Co. |
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Definition
policy basis for invoking no duty
- poweroutage causes injury in area where electrial company didn't have contract with injured person
- no liability in this case because extending it would crush the company |
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Term
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Definition
policy basis for invoking no duty
- social hosts aren't liable for minors drinking and injuring 3rd person
commercial vendors of alcohol are liable |
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Term
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Definition
negligent entrustment
- parties that knowingly allowed dangerous driver to get a car are liable |
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Term
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Definition
duty of licensees, invitees, trespassers
- social guest falls on ice breaks leg
- social guests are licensees, not invitees |
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Term
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Definition
duty to invitees, licensees, trespassers
- man fell outside hospital on social visit
- court got rid of distinction between invitees & licensees |
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Term
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Definition
| california case abolished distinction between invitees, licensees, and trespassers |
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Term
| Posecai v. Wal Mart Stores Inc |
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Definition
does defendant have duty to protect from criminal acts of third party?
- yes, when crime is foreseeable, businesses have to protect
- balancing test used - BPL |
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Term
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Definition
emotional injury
- can physical injury traceable to fright and present liability?
- yes, fright induced injuries can produce liability |
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Term
| Metro -North Commuter RR Co. v. Buckley |
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Definition
can worker recover for negligent infliction of emotional distress without physical symptoms?
- no, physical symptoms required
- zone of danger - only those who sustained physical impact or placed in immediate risk of physical harm by negligent conduct can recover for emotional injury |
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Term
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Definition
| requires immediate risk of physical harm to be present |
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Term
| Gammon v. Osteopathic Hospital of Maine Inc |
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Definition
emotional distress
- can recovery for emotional distress occur without physical injuries?
- yes, when foreseeable - family vulnerable after death of loved one, vulnerable to emotional distress if received severed leg |
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Term
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Definition
emotional distress
- can someone sue for emotional distress caused by injuries sustained by another person?
- yes, when action is foreseeable according to 4 factors |
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Term
| 4 Portee factors for NIED |
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Definition
1. death or serious injury
2. marital/intimate family relationship
3. observed death/injury (contemporary & proximity)
4. caused emotional distress |
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Term
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Definition
NY case
- no recovery allowed when you aren't in zone of danger and witness injury
- different from CA under Dillon rules |
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Term
| Johnson v. Jamaica Hospital |
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Definition
emotional distress
- recovery when victim wasn't in zone of danger?
no, mom can't recover for emotional distress because she wasn't in zone of danger when child was kidnapped
- imposing duty would cause crushing liability |
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Term
| Nycal Corp. v. KPMG Peat Marwick LLP |
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Definition
economic harm
- liability for accountant for misrepresenting report used by plaintiff?
- only when defendant knew reliance on report would occur |
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Term
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Definition
for determining economic harm
- negligent misrepresentation when supplying false information relied on by 3rd party
- defendant must know reliance on information would occur and knows the party who is using it |
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Term
| 532 Madison Ave. Gourmet Foods v. Finalandia |
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Definition
| no duty to general public for economic harm |
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