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12 Cards in this Set
- Front
- Back
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Proximate Cause |
P must prove that the harm fell within the scope of the D's liability, ie. the harm resulted from risk that made the D's conduct negligent in the first place (liability for the unreasonable risk the D created). |
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Scope of the risk test |
the D is only liable to those results that are of the same gerneral sort that made the D's conduct negligent in the first place |
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Scope of the risk test |
Are the TYPES OF INJURIES suffered the types of injuries forseeably risked by D's negligence? - If harm described very specifically, looks less foreseeable (good for D) - If harm described very broadly, looks more foreseeable (good for P) - NOTE: DOesn't matter if the ACTS CAUSING the harm were foreseeable AND was P part of class of persons foreseeably at risk by D's negligence? - Were intervening, superseding causes foreseeable? |
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Rescue Doctrine |
Exception to the class of persons rule. Danger invites rescue. If a tortfeasor creates a circumstance that places the tort victim in danger, the tortfeasor is liable not only for the harm caused to the victim, but also the harm caused to any person injured in an effort to rescue that person. - If no emergency, no rescue. - Rescuer still must not act extremely recklessly - DOESN'T apply to medical professionals |
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Alternative Tests |
Time & Space, Direct Test |
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Time & Space |
Was P's harm too remote from D's negligent conduct in time or space to hold D liable? - Had foreseeable risk come to an end? - Can look at relevant factors, but NOT determinative |
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Direct Test |
Consider natural and probable consequences and whether D's negligence is substantial factor. - Takes time and space into account. - Imposes liability for any harm that may be said to have directly resulted from the D's negligence, no matter how unforeseeable or unlikely it may have been at the time the D acted. - Direct causality with little time and space in between. - Andrews (Palsgraf) |
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Intervening/ Superseding causes |
an intervening act of 2nd tort feasor relieves the D of liability when the harm that occurred is outside the scope of the risk created by the D's negligience . |
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Suicide as intervening cause |
Suicide or attempted suicide is viewed as superseding cause. - Exceptions: Where the D's tortious conduct induces a mental illness or uncontrollable impulse from which suicide results (NFL concussions vis a vi depression) Special relationship (jail, school, psychiatric doctors/ hospitals) |
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Criminal act as intervening cause |
Criminal act is not automatically a superseding. Though, makes it more likely to be found as unforeseeable.
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Medical treatment as intervening cause |
- Medical treatment: D is liable for subsequent negligence. Foreseeable that negligent medical care will be applied to a personthat’s injured.
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Place of safety (safe harbor principle) |
When person has reached a place of safety, it no longer becomes foreseeable. 1. Ventricelliv. Kinney Rent A Car: rental car company not liable because P was in a parkinglot, a “safe place”. 2. Marshallv. Nugent: truck driver caused car to skid off road, P ran to top of road towarn other motorists; before he could get there, drive came over crest of hilland struck P; within proximate cause of truck driver because P had never gottento a “safe place”. |
