Comparative Negligence/Fault (McIntyre v. Balentine). (Hill v. Edmonds; Anderson v. Minneapolis, St. P & S. St M. R.R. The defendant owed a duty to the plaintiff (or a duty to the general public, including the plaintiff); 2. If you know what happened to cause the harm res ipsa does not apply. 2-315) Where the seller knows or has reason to know that the buyer is purchasing goods for a particular purpose and the buyer is relying on the seller's skill or knowledge, there is an implied warranty that the goods are fit for that purpose. (DEFENSES) Cont. There is no liability for the acts of independent contractors with exceptions for negligence of the one selecting the independent contractor; non-delegable duties (eliminating dangers on property; automotive repairs, etc. One reason for this is that most crimes require two elements: the physical act of committing the crime, as well as the mental element of intent. Owner or occupier of land is required to exercise reasonable care with regard to affirmative activities on the land (Salevan v. Wilmington Park, Inc.), with regard to construction or demolition of buildings, digging or excavations and inspecting and keeping the premises in repair. privilege to use force to recapture a chattel which has been taken from your possession (not trying to prevent a tort). -attractive nuisance doctrine. Elements (Restatement I (abnormally dangerous (Miller v. Civil Constructors, Inc.)) and Restatement II (ultrahazardous (Rylands v. Fletcher) blasting, mfg. Most jurisdictions have eliminated this immunity (Freehe v. Freehe; Renko v. McLean). Special Situations-Custom and usage - (Breach of Duty). Unforeseeable plaintiff-(Direct Causation ). But res ipsa may be used as a theory if the evidence regarding what happened is thin (Byrne v. Boadle; McDougal v. Perry; Larson v. St. Francis Hotel; Ybarra v. Spangard; Sullivan v. Crabtree). V. W de S). Res Ipsa elements: WAS THE CONDUCT OF THE DEFENDANT A FACTUAL, ACTUAL, PHYSICAL CAUSE OF PLAINTIFF'S HARM? Nuisance vs Negligence . But liability is not absolute. Product was defective and defect existed when it left defendants control - a reasonable person would not have placed the product in the stream of commerce if the defect was known to exist. Under these circumstances, a duty of ordinary care is owed to protect children from harm. Qualified Privilege - Privilege to Make Statements to Protect Legitimate Interests. Duty to Those on the Premises - Be Careful with Change of Status-1. It is based upon the heirs loss of care, comfort, society, services, monetary support, etc. A. Negligent people do not intend to hurt someone with their actions, but they are still responsible for those actions because their careless or reckless behavior caused serious injury. Broad view - the first defendant is liable; narrow view, first defendant escapes liability - restaurant serves bad food, patron vomits and plaintiff slips and falls due to vomit (Fuller v. Preis). For example a plane is forced to land on property of another. Plaintiff owes a duty to himself to act reasonably (Butterfield v. Forrester). For physicians, the locality rule may come into play (Boyce v. Brown; Morrison v. McNamara). v. Siliznoff). Sudden mental disability may require a standard other than the reasonable person but the situation is rare (Breunig v. American Family Insurance Co.). Trespasser. Differs from warranty because privity is not required and disclaimers do not apply (Greenman v. Yuba Power Products). If the trespasser is discovered or is a constant trespasser to a limited area, a duty exists to warn or make safe artificial conditions or affirmative activities. DUTY TO USE REASONABLE CARE REQUIRES THAT YOU ACT AS A REASONABLE AND PRUDENT PERSON WOULD ACT UNDER THE SAME OR SIMILAR CIRCUMSTANCES. Negligence is defined as the failure to use proper care, which results in damage or injury to another. Elements Common to Both Private and Public Nuisance cont. 3. When a person doesn’t exercise enough care and caution, and their actions result in someone else’s injury, they’ve acted negligently. The law demands conduct consistent with that superior skill or knowledge. Custom in the community is evidence of the standard of care but is never conclusive. The issue is whether you have a duty to protect plaintiff from emotional distress or mental disturbance. 1. B. JOINT TORTFEASORS-Satisfaction and Release -. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Intentional torts (or “willful misconduct” per King vs. Strict products liability differs from strict liability because with strict products liability plaintiff still has to prove that the product was defective and the defect caused the injury. Self-defense/Defense of others/Defense of property (Defense applies to battery, assault, false imprisonment, intentional infliction of emotional distress). If the response is highly unusual it will not be found to be a dependent intervening force. Elements: a. In other states the ages range from seven to fourteen. Includes purchasers, users, bystanders, etc. Liability imposed without fault against manufacturers and suppliers (Peterson v. Lou Bachrodt Chevrolet) of defective products for injuries cause by the defect. the standard is a child of like age, intelligence and experience unless the child is engaged in an adult activity. Query - what duty to lessors owe with respect to criminal activities on the leased premises (Kline v. 1500 Massachusetts Ave.). Special Situations-Emergency - (Breach of Duty). (U.C.C. 1. a. There are also three exceptions when informed consent is not required: emergency and the patient is unconscious; therapeutic meaning the patient is too distraught to require the doctor to explain the situation; doctor does not have to disclose that this is his first surgery. Duty is not dependent upon status. Negligence vs. intentional acts of harm: Negligence: failure to do something that a reasonable person, guided by the ordinary professional considerations would do; the act of doing something unreasonable Intentional acts of harm: Criminal law, theft and violence against another person or the person's property 2. Atlantic COAST LINE R. Co. v. DANIELS ; KELLY v. 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