Torts

Front 1

Negligence: Breach of Duty

Custom in Breach (Establish std of care)

What does a safety precautions custom prove?

Back 1

1.)The harm was foreseeable
2.)Might prove that the def. knew or should have known of the risk,
3.)It might show that the risk was an “unreasonable” one
4.)Providing such safety precautions were feasible.

Front 2

Breach of Duty: Three things to discuss

Back 2

1) What was the possibility of the risk occuring?
2) Was there a safer alternative and what was the cost?
3) Gravity of the harm

Front 3

RIL Requirements (3)

Back 3

1. Doesn't normally occur in the absence of negligence
2. More likely than not D's actions (sufficiently eliminate other possibilities)
3. Within the scope of D's duty

Also good to point out that D had exclusive control of the instrumentality.

Usually, courts won't allow more than one D's except for cases like Ybarra.

Front 4

When to apply substantial factor test (4)

Back 4

1. 2+Ds substantial similar negligent act w. one harm
2. Mkt share liability (number of manus - hold each liable for part of Ps injury)
3. Causation in toxic exposure case
4. Loss-of-a-chance (rescuer, mostly for med mal, where D's negligence reduced P's chance of survival)

Front 5

Three steps to see if SL in tort for defective products

Back 5

1. Was the product defective? (All three types)
2. Was the defect proximate cause of the injury?
3. Was the product defected when it left D's hands?