LAW 3800 Chapter 7 connect reading

What RULE (law) did the court use in the Magri v Jazz Casino Co LLC case?

-A business owner owes her customers a duty to keep the premises safe from unreasonable risks of harm. -A business owner owes her customers a duty of reasonable care.

What was the court's ANALYSIS (legal reasoning) in the Black v William Insulation case?

-A ten-hour shift within a twenty-four-hour period is not, on its face, an objectively unreasonable period of work -Causation necessitates a showing that Ibarra-Viernes's weekly work schedule was a substantial contributing factor to his fatigue

The most important activities subject to judicially imposed strict liability are: _________.

-Abnormally dangerous activities -The sale or manufacture of unreasonably dangerous and defective products

What was the Court's ANALYSIS (legal reasoning) in the Currie v Chevron USA case?

-Evidence that Shukla looked at Muhammad before authorizing gas pump number one. -The beeping sound Robinson heard inside the Chevron station was Muhammad seeking authorization of gas pump #1 -Shukla looked at gas pump #1, saw no car, but saw Muhammad fighting with Antoine

What RULE (law) did the court use in the Stahlecker v Ford Motor Co case?

-Ford and Firestone failed to exercise reasonable care in designing and manufacturing their tires and failed to warn their users -The criminal act of a third person is a superseding cause of harm to another unless there is a special relationship

Identify the factors on which the outcome of negligence cases depends.

-If a defendant breached a duty of reasonable care -If the requisite causation link between a defendant's breach and a plaintiff's injury is established

In the scenarios below, identify the situations when the doctrine of res ipsa loquitur applies.

-If a defendant has exclusive control of an instrumentality of harm -If a harm that occurred would not ordinarily occur in the absence of negligence

Identify the circumstances that require a defendant to owe a duty of reasonable care toward a plaintiff.

-If the plaintiff is among those who will foreseeably be at risk of harm stemming from the defendant's activities -If a special relationship exists between the plaintiff and the defendant that logically calls for a duty of reasonable care

Identify the characteristics of the reasonable person test

-It focuses on a defendant's behavior. -It compares the actions of a defendant and a hypothetical person with ordinary prudence.

What was the court's ANALYSIS (legal reasoning) in the Stahlecker v Ford Motor Co case?

-Stahleckers do not allege a special relationship between Ford and Firestone and Cook, or the decedent that would extend their duty -stahleckers argue that Ford and Firestone should have foreseen intentional and criminal acts that could be associated with product failure

What was the court's ANALYSIS (legal reasoning in the Philibert v Klusner case?

-The plaintiffs who witnessed their brother dying have the right to be free from that kind of emotional distress under the Restatement 3rd -Courts commonly use the impact test, the zone of danger test, and the Restatement (Third) approach to deal with these cases

What ANALYSIS (legal reasoning) did the court apply in the Magri v Jazz Casino Co LLC case? (Choose two correct answers)

-The risk that an employee would move a chair with a patron's foot entangled in it was not an open and obvious risk of harm. -A reasonably prudent employee would have examined the stool prior to moving it to ensure that a customer would not be harmed.

Choose all the factors that are considered when analyzing a negligence case.

-The seriousness or magnitude of a foreseeable harm -The social utility of a defendant's conduct

What RULE (law) did the Court apply in the Currie v Chevron USA case?

-To establish a breach of conduct, the negligent act (or omission) must have created a foreseeable, unreasonable risk of harm -In order for a party to be held liable, it is sufficient if he might have foreseen that some injury would result from his act or omission

The common law traditionally recognized two defenses to negligence: _______.

-assumption of risk -contributory negligence

Contributory negligence is a(n) _______ defense for a defendant in negligence cases if _________.

-it was a substantial factor in producing a plaintiff's injury -complete

Donald drives his car at a high speed on a crowded street and hits Melanie who collapses in front of his car due to a sudden black out. Melanie sustains a major injury and incurs expenses worth $150,000. If the court finds that Donald is at 70% fault and Melanie is at 30% fault, calculate the damages Melanie would recover if pure comparative negligence defense is applied to this case.

-it was a substantial factor in producing a plaintiff's injury -complete

Deborah sues Mike for injuring her during a basketball tournament. If the jury awards a total of $100,000 in damages in a state with mixed comparative law defense, and apportions Deborah with 55% of the fault she will recover: $_______.

0

Identify an example that illustrates a breach of duty.

A car driver ignores a traffic signal and injures a pedestrian who was crossing the road.

Neglignce

A conduct that falls below the level reasonably necessary to protect others against significant risks of harm is called _________.

negligence

A conduct that falls below the level reasonably necessary to protect others against significant risks of harm is called _________.

the doctrine of negligence per se

A defendant's violation of ordinances, administrative regulations, and statutes may create a breach of duty which may allow a plaintiff to win a case under _____.

business visitor

A(n) _________ is an invitee who is invited to enter property for the express purpose connected with the possessor's premises.

Identify the factors that are involved in establish liability for negligence.

Actual causes Proximate causes Intervening causes

exculpatory clause

An event management company organizes a rock concert. It sets a condition with every ticket purchase whereby the event organizers cannot be held liable for any mishap that may occur during the concert. In this scenario, the condition set by the event management company can be called a(n) __________.

Assume the following: (1) Atlas Corp., a construction company, constructs Funday, an amusement park. (2) Atlas Corp. enters into a partnership with Zeta Corp., a fun ride manufacturer. (3) Zeta Corp. supplies poorly designed rides to Funday because Atlas Corp. refuses to purchase technologically advanced rides, (4) Consequently, the rate of mishaps inside the park increases. Given this scenario what is the most likely result?

Atlas Corp. will be charged with liability because the mishaps were foreseeable.

Identify the two general types of invitees to whom property owners owe a duty.

Business visitors Public guests

Casey will be held liable for neglecting her duty of reasonable care.

Casey, a neurosurgeon, prescribes a course of medication to her patient, Ralph. However, she forgets to check Ralph's medical history. She later realizes that the current medication will have a detrimental effect on his health. She does not acknowledge her mistake for fear of being sued. Identify a true statement about this scenario.

What kind of damages are generally recoverable for property damage to a car?

Compensatory damages are recoverable in negligence litigation for property damage.

What was the main ISSUE (legal question) in the Lord v D & J Enterprises case?

Did D & J owe a legal duty to Lord at the time of the shooting?

What was the court's CONCLUSION (decision, holding) in the Stahlecker v Ford Motor Co case?

For Firestone and Ford. Cook's criminal assault was an intervening cause and not foreseeable.

What was the court's CONCLUSION (holding, decision) in the Philibert v Klusner case?

For Plaintiffs. In light of the Restatement (Third) test, plaintiffs have stated a negligence claim for recovery of emotional distress damage.

What was the court's CONCLUSION (decision, holding) in the Black v William Insulation case?

For WIC. Decedent's injuries were not the foreseeable result of any acts of negligence by WIC in the course of Ibarra-Viernes's employment

________ concerns arise when it seems unfair to hold a defendant liable for all the injuries actually caused by his breach—no matter how remote, or bizarre they are.

Foreseeability Proximate cause

What RULE (law) did the court apply in the Lord v D & J Enterprises case?

Gopal II is a premises liability case regarding a owner's duty to protect a patron based on the foreseeability of violent acts by third parties

the reasonable person test

If a defendant owes a plaintiff a duty of care, then whether the defendant satisfies or breaches that duty depends upon the application of the _________.

she should have acted as would a reasonable person with the same disability

If a defendant with a physical disability gets into an accident because of negligence, she could be held liable under negligence law because __________.

According to the doctrine of negligence per se, identify the conditions that may make a defendant liable.

If a plaintiff is within the class of persons intended to be protected by a statute or other law If a plaintiff suffers harm of a sort that a statute or other law was intended to protect against

What RULE (law) did the court apply in the Winger v CM Holdings case?

Iowa courts have long recognized that the violation of a municipal safety ordinance can be negligence per se. Negligence per se occurs when a person is injured based on a third party's violation of an ordinance designed to protect the victim

What was the main ISSUE (legal question) in the Philibert v Klusner case?

Is the impact rule a bar to a bystanders recovery for serious emotional distress?

Choose all the correct aspects of negligence law.

It does not require defendants to make superhuman efforts to avoid harm to others. It considers the context in which a defendant acted. It takes into account the personal characteristics of a defendant.

breach of duty

Joyce is the caretaker of three-month-old Robert. She takes him to a park in his carriage and forgets to pay attention to him when she gets busy with her friends. In this scenario, Joyce's failure to pay attention to Robert can be classified as a(n) _____.

Identify one of the scenarios below that illustrates negligence of duty.

Laura leaves out a valid point during a trial and it leads to the imprisonment of her client.

Max, an experienced and competent surgeon, commits an error while operating on a patient. If the patient dies as a result of Max's error, identify a true statement.

Max is liable for negligence since he owes special duties besides the general reasonable person standard.

In the scenarios below, choose who is entitled to recover compensatory damages in a negligence case.

Plaintiffs who have experienced personal injury and have proven all elements of a negligence claim

Assume Rico uses a stolen car, dumps it at a beach during high tide, and the car moves deeper into the sea with the retreating water, getting completely wrecked. Assume further Rico did not intend to destroy the car, but the high tide was foreseeable. What result?

Rico is liable for the car's wreckage because the occurrence was foreseeable.

Assume Rob rides his bike at a high speed on a narrow road an he loses control over his bike and collides with Mark's car. If Mark sustains a major injury due to the collision the actual cause of Rob's injury is ________.

Rob's breach of duty by riding at a high speed

Jeff often walks through Samantha's backyard without her permission. Samantha warns him to stay away off her property. Assume that Samantha places a set of spikes at the entrance of the backyard and Jeff gets injured when he tries entering again. What is the best result?

Samantha owes a duty of reasonable care to Jeff since his presence was known.

Flexibility

The "reasonable person" test has a noteworthy characteristic: __________.

Amy notices that Jim is drowning. She makes an effort to rescue him. During the process, Jim's leg hits a rock and gets fractured. Jim files a case of negligence against Amy. What would be one of the main criteria a court would consider in analyzing this case?

The context in which Amy acted to rescue Jim.

Identify the elements necessary to validate a negligence claim.

The defendant commits a breach of his or her duty to the plaintiff. The defendant owes a duty of care to the plaintiff.

What RULE (law) did the court use in the Philibert v Kluser case?

The existing "impact rule" limits recovery to cases when the plaintiff can show some physical symptom along with the emotional distress

What was the court's ANALYSIS (legal reasoning) in the Winger v CM Holdings case?

There is no reason to limit application of the negligence per se doctrine to only laws of statewide application. The victim was clearly within the scope of persons intended to be protected from injury by the municipal ordinance.

Trespassers

They enter a land without its possessor's consent and without any other privilege.

Licensees

They enter a property for their own purposes and not for a purpose connected with the possessor's business.

Invitees

They include business visitors and persons using government or municipal facilities, attendees of church services, etc.

An example that illustrates a licensee would be that _________.

Tom, a salesperson, enters the property of the Bakers to sell a new garden equipment.

What was the main ISSUE (legal question) in the Currie v Chevron USA case?

Whether Shukla should have foreseen that Antoine would suffer some injury as a result of Shukla's activating the gas pump for Muhammad?

What was the main ISSUE (legal question) in the Black v William Insulation case?

Whether Williams Insulation Co owed a duty of care to Richard Black?

What is the main ISSUE (legal question) the court considered in the Toms v Calvary Assembly of God case?

Whether noise emanating from the discharge of a fireworks display constitutes an abnormally dangerous activity? Whether compliance with local fireworks ordinances shields a defendant from strict liability?

What was the main ISSUE (legal question) in the Stahlecker v Ford Motor Co case?

Whether the Firestone tire failure on Stahlecker's Ford was the cause of her death.

When the three elements of the doctrine of res ipsa loquitor are satisfied ________.

a presumption of breach of duty and causation arises against the defendant.

Generally, an intervening causes in negligence litigations _________.

absolves a defendant of liability for harms that result directly from her actions.

A contract that purports to relieve a defendant of a duty of care she would otherwise owe to a plaintiff is known as ____________.

an exculpatory clause

A plaintiff's voluntary consent to a known danger is referred to as __________.

assumption of risk

Adam joins a fitness club, Zenith. Prior to admission, the club warns Adam of the possible dangers associated with the training. but Adam voluntarily consents to it. During a training session, Adam fractures his leg and sues the club for negligence. In this scenario, Zenith could defend against the lawsuit by proving a(n) _______.

assumption of risk defense

The following activities can be treated as abnormally dangerous and subject to judicially imposed strict liability: _________.

blasting crop dusting stunt flying

Proving that the defendant ________ does not guarantee the plaintiff will win a negligence case.

breached a duty

A(n) _________ is an invitee who is invited to enter property for the express purpose connected with the possessor's premises.

business visitor

To prevail in a negligence case, the plaintiff must prove the defendant breached a legal duty and that the breach ________.

caused her injuries

Negligence law is sensitive to the _______ in which the defendant acted.

context

The traditionally recognized defenses to negligence include: _______.

contributory negligence assumption of risk

A possessor of property must exercise reasonable care for the _______ of his invitees and must take appropriate steps to protect an invitee against _______ on-premises conditions.

dangerous safety

Nancy undergoes an appendicitis surgery at St Judes Hospital Urgent Care, a multi-specialty hospital. A few days later, Nancy calls St Judes to complain of abdominal pain. At the ER, an X-ray report reveals a surgical knife that has been left inside her abdomen during the surgery. If Nancy files a claim against St Judes, it can be held liable based on the _________.

doctrine of res ipsa loquitor

Until fairly recently, most courts would not allow a plaintiff to recover damages for _______ allegedly resulting from a defendant's negligence.

emotional harms

Perhaps the most important factor(s) in determining whether a duty was owed by the defendant to the plaintiff is the concept of: ________.

foreseeability the existence of a special relationship

If the later act, force, or event was ________, the defendant will not be relieved of liability.

foreseeable

A true statement about the availability of compensatory damages in negligence cases would be that _______.

growing numbers of courts allow recovery for foreseeable emotional harms that stand alone.

In negligence cases, a personal injury is ________.

harm to a plaintiff's body

According to the Restatement of Torts, a defendant's breach of duty is not the legal cause of a plaintiff's injury if __________.

it appears highly extraordinary to a court that the breach would have brought about an injury

An aspect of negligence law is that _____.

it contemplates that each person must act as a reasonable person of ordinary prudence

Defendants are _______ liable along with medical personnel for any ______ by their victims while in a weakened state caused by their injuries.

jointly diseases contracted

Rick, a real estate agent, is warned by Carla, his client, to be careful when he visits her home for their appointment because her dog does not like strangers. Assuming this scenario, Rick would be classified as a(n) ______.

licensee

A plaintiff's injuries may take the form of economic loss such as ______ or ______ but which have no connection to personal injury or property damages.

lost profits out-of-pocket expenses

Courts typically hold that a defendant owes no duty to those who are ________ victims of the defendant's actions.

not foreseeable

A possessor of property has a duty to protect an invitee against dangerous _______ conditions that she knows about, or reasonably should discover, and that the invitee is _______.

on-premises

Under traditional distinctions, an obligation of a possessor of property towards trespassers would be that she _________.

owes a duty not to willfully and wantonly injure trespassers once their presence is known.

Negligence law does not require ________.

people to protect others against all foreseeable risks of harm.

Contributory negligence in negligence cases refers to a(n) _________.

plaintiff's failure to exercise reasonable care for his or her own safety

A(n) _______ rule is that defendants are liable for the full extent of her victim's injuries even if those injuries are aggravated by a victim's ________.

preexisting physical condition special

In a negligence case, _____ cause concerns the required degree of closeness or proximity between a defendant's breach and the injury it actually caused.

proximate

When applying the "flexibility" analysis, the most important factor is the _________ of the harm.

reasonable foreseeability

Ted visits a supermarket to purchase certain goods, and while there he slips on a pool of oil on the floor that has leaked from a damaged oil container and fractures his leg. Ted asks the manager of the supermarket for compensation, but the manager fails to take any action and holds Ted liable for his own injury. Assuming the facts of this scenario, Ted can win his case through __________.

the doctrine of res ipsa loquitur

Lilly and her friends regularly play soccer in a field located next to Larry's backyard. If Lilly retrieves the ball whenever it lands in Larry's backyard, Lilly can be classified a(n) _____ under traditional distinctions.

trespasser

A significant number of courts have limited defendant's liability to plaintiffs whose injuries: __________.

were the natural and probable consequences of defendants actions

A few courts have limited a defendant's liability for unforeseeable harms to plaintiffs who were: ___________.

within the scope of the foreseeable risk