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35 Cards in this Set
- Front
- Back
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Hammontree v. Jenner |
Epilepsy car-crash
Driver: if (suddenly unconscious) then (liability=negligence) |
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Brown v. Kendall |
Dogs-fighting, stick-in-eye
If D (legal act) and (unintentionally injure other) THEN P=(burden of proof) |
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Adams v. Bullock |
Idiot kid shocked
Duty is to adopt all reasonable precautions; no need for extraordinary foresight |
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United States v. Carroll Towing Co. |
Barge helping barge loses barge OR
Hand Formula: IF (prob. accident) x (loss) > (cost of prevention) THEN negligent |
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Bethel v. New York City Transit Authority |
Good faith bus seat
New rule - objective standard "Reasonable care under all of the circumstances of the particular case" |
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Baltimore & Ohio Railroad Co. v. Goodman |
Holmes train case
Individual is responsible for own safety when entering known dangers No longer correct -Freezes law: law may become wrong over time; removes incentives to increase safety from corporations (such incentives should be on corporations, not society at large) |
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Pokora v. Wabash |
Holmes is wrong about trains
It is wrong to give different circumstances the same treatment -Holmes is wrong because life is too complicated to break down into few simple rules |
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Andrew v. United Airlines |
Overhead compartment bag fall
In many cases, juries have experience necessary to determine reasonableness -in this case, airplane rides are fairly common -bad gov't uses legal system to oppress; juries allow direct counter to oppression |
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Trimarco v. Klein |
Glass shower door
Custom does not have to be universal - simply show that substantial number of reputable businesses do it -Evidence of, but proof of, negligence -Custom is evidence of reasonableness, not unreasonableness |
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Martin v. Herzog |
No headlight crash
If P's negligence is contributory, cannot recover for D's negligence |
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Tedla v. Ellman |
Junk collectors walking wrong way
In absence of clear language dictating otherwise, statute should not be seen as inflexible command that must be followed even when observing it would increase chance of harm |
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Negri v. Stop and Shop, Inc. |
Mess on floor
Circumstantial evidence is enough to allow jury to determine dangerous condition existed long enough for store to have sufficient notice and remedy situation |
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Gordon v. American Museum of Natural History |
Paper stair fall
Placed limit on circumstantial evidence; no evidence the paper was there for any length of time; foreseeable harm? frequency of harm? |
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Byrne v. Boadle |
Flour barrel falls
Established res ipsa loquitur |
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Ybarra v. Spangard |
Negligent surgery paralyzes man
When P suffers unusual injuries while unconscious for medical treatment, all caretakers who had any control over the body or instrumentality which may have caused the injuries may be held liable |
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Sheeley v. Memorial Hospital |
Inexperienced doctor botches delivery
Practitioner will be held to degree of care and skill expected of a reasonable, competent practitioner in the same class in the same/similar situation -Experts required in med. malp. suits; must be nationally qualified -When two schools of thought, practitioner may choose -Removed strict/similar locality arguments |
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Sides v. St. Anthony's Medical Center |
E. coli expert testimony
Expert testimony allowed in med. malp. res ipsa suits |
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Matthies v. Mastromonaco |
Old lady hip consent
Under doctrine of informed consent, a doctor must obtain a patient's consent before implementing a nonsurgical course of treatment |
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Harper v. Herman |
Boat dive shallow water
Affirmative duty to act only arises when a special relationship exists between the two aprties |
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Farwell v. Keaton |
Skirt chaser lets friend die
Duty to act arises when: 1: A special relationship exists between two parties 2: One party begins to help the other; must continue reasonably (reasonable = not worse off) |
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Randi W. v. Muroc Joint Unified School District |
Bad rec leads to molesting
Duty of care is owed such that when communicating information, a party must deliver all pertinent information |
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Tarasoff v. Regents of the University of California |
Psychologist doesn't stop psycho
Relationship of control creates an obligation to act |
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Uhr v. East Greenbush Central School District |
A statutory duty does not per se grant a remedy to a private individual |
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Strauss v. Belle Realty Co. |
Apartment power failure
Power company does not owe a duty of care to a tenant injured in a common area where only the landlord had privity of contract -Because otherwise, would result in crushing liability for a regulated company |
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Moch case |
Failure to provide water
No common law tort action available to users of water supplied to city -Negligent omission w/o malice or other aggravating elements |
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Reynolds v. Hicks |
Drunk kid hurts others
Social host not liable to third parties for injuries caused by minor they furnished with alochol |
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Vince v. Wilson |
Bought idiot grandnephew car
One who knowingly supplies chattel to someone, that one knows or should know is incompetent or dangerous, ought to be liable for resulting damages (negligent entrustment) |
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Carter v. Kinney |
Bible study ice slip
The duty of a possessor to a licensee is to make safe only dangers of which the possessor is aware; social guests are licensees
No longer relevant b/c no more categories |
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Heins v. Webster County |
Hospital ice slip
Removed categories of visitors -Holds that owners and occupiers only have the duty to exercise reasonable care in the maintenance of their premises for lawful visitors |
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Posecai v. Wal-Mart Stores, Inc. |
Robbed by dude under car
Under the duty-risk analysis, P must prove that the conduct in question was the cause-in-fact of the resulting harm |
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Broadbent v. Broadbent |
Negligent mom kid drowns
Abolished parental immunity -Something about insurance? |
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Riss v. City of New York |
Lye in face; marry
Police not liable for failing to provide protection to individuals threatened with harm |
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Lauer v. City of New York |
Bad coroner wrongfully accuses father
Ministerial negligence is not necessarily tortious; requires duty running directly to injured person |
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Friedman v. State of New York |
Median barriers
Gov't is liable when its study of traffic conditions is plainly inadequate, or there is no basis for plan -If the state is made aware of a dangerous condition, it must study it and make a plan and act on it in a reasonable period of time; must also continually review plan |
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ayy |
lmao |
