P / treating someone else's P as your own ear, phlebitis, 5 5 2nd vaccine, 3 implied selfkidney insanity transplants, consent defense

(not a herpes, Dr. (medicine (even w/ defense) assisted & sports) 3rd party) suicide/life Jewelry store support illegal boxing,

REMEMBER TO ALWAYS MENTION INTENTIONAL TORTS (harm substantially certain) WITH CAUSATION ANALYSIS, PLAIN OLD NEGLIGENCE!!! offense against offense against TURN OVER EVERY LEAF!!! 1 1 possession 1 ownership 2 2 Battery Trespass Conversion Offensive Battery Assault intentional entry/substantial certainty Conversion requires attempt by 3rd party to claim ownership conversion: converting real P into personal trespass to chattels: vandalism (lesser DEFENSES TO INTENTIONAL TORTS
no changing locks, breach offense) no intent to harm/claim owner req'd of peace 7 6 6 7 8 defense of necessity intentional false recapture property (servant infliction of imprisonof chattels (only force cuts rope emotional (only if no ment claim of right) (awareness?) necessary) loose) distress OK if force/fraud privileged, but Ds no spring guns shoplifting, missed train rule infractions STRICT LIABILITY VS. NEGLIGENCE: HISTORY / ANALYTICAL IMPORTANCE READ CAREFULLY!!! escape of dangerous substance 10 11 12 13 Early Cases (e.g. Modern Approach (e.g. American Cases Recent Hard Cases Thorns, inevitable dogs and stick, Rylands) Rylands/Cairns as Bolton v. Stone (low risk accident, lighted squib) ultrahazardous activities reasonable/unreasonable events), epileptic driver •Bramwell right to be free of foreign water •Blackburn likelihood of mischief is (1) intention unlawful (2) Δ at fault parents not vicariously liable, if it escapes •Cairns natural vs. unnatural but special duty? negl.? THE CONCEPT OF NEGLIGENCE Osborne: 1) purpose of statute 2) protected class 3) w/in type of accident adults, elderly, children, disabled, mentally ill Batman (foreseeable) ↑ ↑ 14 15 15 17 18 19 21 23 23 reasonasudden calculus custom informed violation Res ipsa customary dram bleness emerof risk in consent of loquitur care (TJ statute standard gency (B<PL) medical (AIDS criminal (nondeleHooper) liability gable duty) (haystack) doctrine (bargee) cases blood) statutes disfavored including kid saved on train tracks, man dies; powerline/Tel. + conditional also weed burning near PLAINTIFF'S CONDUCT (things you can do to screw up chances of recovery) res ipsa P boundary res ipsa (1) usu. negl. (2) exclusive control (3) no π contribution Bernina fellow servant 31 27 29 29 30 31 contributory assumption of comparative imputed contrib. last clear chance arbitration negl. (speeding risk (primary, negligence (e.g., (wagon on tracks, negl. (but not clauses man ran over 3x) even fellow empl.) horse, pole) secondary) pure, modified) ↑ vibrating hatchet rack, fellow servant, flopper, ice rink "community of interest" not empl. dangers fishmeal platform collapse no causation MULTIPLE DEFENDANTS (plus vicarious liability) direct negl. theory, hostile Δ also not wearing seatbelts both definitely contributed 34 work environ. e.g. goosing 32 only when Joint and Several Liability (differs by state) Vicarious Liability ("Respondeat Superior") (joint enterprise) CA – J&S with contribution – each still 100% liable incl. negl. indep. K doing dangerous work CAUSE IN FACT HMO – apparent/implied authority also ER Dr. / newspaper boy court as expert witness "gatekeeper" 39 37 38 38 38 40 41 Rescue at Sea Statutory Lost Chance Multiple Causes, Slip and Fall (but Products Liability (no life buoys, Violations Doctrine Apportionment no Ds for lesser seat belt 2 theories, precaution, tub) drugs, asbestos but causation?) Negl. per se (Herskovits) market share liab 42 Osborne (poison, p. 21); pharmacy overdose Bendectin, exposure?, weird mice studies concert of action jumping to avoid accident 41/42(Sykes) PROXIMATE CAUSE AND THE SCOPE OF DUTY Cardozo: danger invites rescue 3 theories (1) directness (2) foreseeability (3) harm w/in risk 42 43 43 44 45 43 46 46 foreseeable intervention Polemis Wagon until Palsgraf – fire cases coincidence train past stop, rape; (plank hits Mound situation (usually only explosives tree falls on 1st house it dynamite caps; match gas boat) no duty to (foreseestabilized speeding train spreads to) party harmed (e.g. wreck) spill; things stolen from train directness able Ds) even intentional tort doesn't necessarily break causal chain see also rescue US standard: ATTRACTIVE NUISANCE? SPECIAL DUTIES OF CARE RR harm w/in risk: negl. foreseeable Important anytime someone is hurt on someone else's P implied licensee? watchman Ds w/in foreseeable type not degree (boat loose) 47 49 foreseeable? 51 e.g. Moch, hydrant 54 Rescue situations Possessors of Land "Gratuitous" Promises Special Relationships psych. Tarasoff; disk jockey; (1) invitee (2) licensee (3) trespasser increased harm or reliance college, business, landlord Note: DO NOT apply comparative POCKETS OF STRICT LIABILITY negligence analysis to strict liability!!! assumption of risk harm w/in risk, mink Cyanamid Ds, lessor or lessee? 56 57 59 judges decide 62/67 Trespass/Conversion Dangerous Animals Abnormally Dangerous ? of law Nuisance (Private and (spleen, wine barrels) dogs, cattle fence range Activities (explosives) Public) (unreasonable?) requires actual Ds (can be caused by 3d parties, thieves) exception to eggshell skull rule Design defects/warnings negl. analysis PRODUCTS LIABILITY (see also causation) usually any substantial harm (some juris. allow comparative negl.) components e.g. concrete unreasonable 68/71 cannot sue sub 73 no suit against sub 76 Restatements §402A consumer Manufacturing and Design Defects, e.g. Inadequate Warnings (birth control & contemplation; 3d Rest. negl. analysis used, second collision, obvious danger vaccines, sufficiency of warnings) fan in car, VW seat, bulletproof vest, printing press baby oil, do not breathe Casa Clara – no Ds for pure econ. losses, e.g. D to product itself (salty concrete) – DAMAGES DUTY TO BE SPECIFIC IN only for D to other P/injury also % likelihood not working MITIGATE DISCUSSING Ds!!! 78 79 wanton, reckless apply accurately to facts cook injured: adjust for inflation (discount rate/wages) Compensatory (loss of enjoyment, per diem, taxes) Punitive (1) actual knowledge (2) disregard; BMW paint case

what if…
mean joke, gas man, Dr./people outside in rain, debt collectors, sexual harrasment, not for parodies of political figures Outrageous!!

all of the facts
flour barrel, hotel guests, drunk pilot, cigarette fire, rolling logs, tonsil, escalator, cortisone shots, muscle atrophy, rongeur break (generally all potential Δs must be joined, but not w/rongeur) 2 fires converge; coat on fire, Summers v. Tice (alternative liability); apportionment can be similar to market share liability but definite known contribution e.g. quantity of pollution market share liab. is when actual cause unknown oil fire, molten metal on lip (cancer) thin skull π OK customer? parent? reasonable care to protect business visitors from 3rd persons/ animals §344 "ancient lights"; fishermen, no public nuisance (econ losses) but duty; not for natural occurrences e.g. bugs, wind blowing dust from cleared land; no liability for natural conditions of land §363


no duty to rescue unless you create the situation, e.g. wreck, stalled cars (even if not negl.) or if you begin to help someone e.g. sick customer

Prospective Economic Advantage Rule: economic losses must be tied to actual physical injury/Ds or no recovery

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