Trip hit me...again
A defense to Trip hitting you on the head with a textbook.
Consent
A mean 3L destroys Olivia's crate in the library. Olivia will determine her damages this way.
Generally, the plaintiff may recover (1) the difference between the fair market value immediately before and after the injury or (2) the cost of repairs, if it does not exceed the value of the property.
As a private citizen, I am allowed to arrest Isabell for a felony when this happens.
Force may be used to make a felony arrest if (1) the felony has in fact been committed and (2) the defendant has reasonable grounds to suspect that the person being arrested committed it.
Under the Third Restatement, the defendant must also reasonably believe that law enforcement will likely be unable to apprehend the other unless the defendant immediately uses such force. This privilege does not apply if the defendant makes a mistake (even a reasonable one) as to either the identity of the felon or the commission of the felony.
Private nuisance is a substantial and unreasonable interference with another’s use or enjoyment of land.
The interference must be intentional, reckless, negligent, or the result of abnormally dangerous conduct.
Max owes a duty of care to these people when he does a cannonball into the pool.
A duty of care is owed to anyone who may foreseeably be injured by the defendant’s failure to act as a reasonable person under the circumstances.
The amount of force I can use to protect myself after Trip punched me in the face.
Necessary and proportionate
After being negligently hurt by Isabell, Olivia can NOT recover these kinds of damages.
The plaintiff must prove actual physical harm (i.e., bodily harm or property damage). A plaintiff with physical harm may add emotional distress as parasitic damages (e.g., NIED claims). However, pure economic loss, nominal damages, and attorney’s fees are not recoverable.
As a private citizen, I can arrest Isabell for a misdemeanor when this happens.
Under the majority rule, the misdemeanor must happen in front of the private actor and be a breach of the peace.
The Third Restatement recognizes the privilege only if (1) the misdemeanor creates a substantial risk of bodily harm and (2) the private actor reasonably believes that the police will be unable to stop it.
As a private citizen, I can sue Ethan for a public nuisance when this happens.
Public nuisance is an unreasonable interference with a right common to the general public.
Private citizens are appropriate plaintiffs if they have suffered harm that is different in kind from the general public. And the same defenses that can be asserted for private nuisance apply to public nuisance.
Firefighter’s rule: emergency professionals cannot recover for injuries resulting from the risks of the job.
The defendant must reasonably believe that:
The plaintiff is intentionally using, or about to use, unprivileged force that will lead to death, serious bodily harm, or rape and the defendant can safely prevent this harm only by immediately using deadly force.
Olivia loses her leg because Trip pushed her into the pool. A normal person would not have lost their leg. Trip is liable for this much of Olivia's injuries.
Under the “eggshell-skull” or “thin-skull” rule, which applies to negligence as well as intentional torts, the defendant is liable for the full extent of the plaintiff’s injuries that are increased because of the plaintiff’s preexisting medical condition or vulnerability, even if the extent is unusual or unforeseeable.
A seller of goods or services (i.e., a merchant) may use force against another to investigate a theft, recapture personal property, or facilitate arrest.
The merchant must reasonably believe that the other has wrongfully taken merchandise or failed to pay.
The force must be used on or immediately surrounding the merchant’s premises, in a reasonable manner, and for a reasonable time. Deadly force is not allowed.
Under the attractive nuisance doctrine, land possessors are liable for injuries to trespassing children if:
An artificial condition poses an unreasonable risk of serious bodily injury to children ○ Children cannot discover or appreciate the danger ○ The utility of the condition is slight compared with the risk of injury and ○ The land possessor fails to exercise reasonable care
These 6 types of relationships would give Max an affirmative duty to act.
1. If the defendant assumes a duty
2. If the defendant places another in peril
3. If the defendant has actual authority to control another (e.g., parent over child, employer over employee)
4. By a contract
5. By a relationship (e.g., employer-employee, parent-child, common carrier-passenger)
6. By a statute imposing an obligation to act for the protection of another
I can use nondeadly force to protect Isabell from Trip if I believe this.
The defendant may use nondeadly force against a bystander if the defendant reasonably believes that:
The force that the plaintiff is using against the defendant is substantially greater than the force that the defendant uses against the bystander and the defendant’s use of force against the bystander is immediately necessary to avoid the plaintiff’s threat or use of force.
Olivia can recover punitive damages when Max acts in this way.
Punitive damages are recoverable if there is clear and convincing evidence that the defendant acted willfully and wantonly, recklessly, or with malice.
Therefore, torts that inherently involve this state of mind or behavior often give rise to punitive damages. Awards generally cannot exceed a single-digit ratio between punitive and compensatory damages.
Isabell allows Trip to borrow her car, but she knows last week he drove another car into the side of the law school. When Trip crashes Isabell's car into the business school, the business school can recover from Isabell under this tort.
Negligent entrustment – The owner of a vehicle (or any object with harmful potential) may be liable if the owner knew or should have known about the entrusted user’s negligent propensities.
Ethan yells across the room to Max "Trip stole my cat!!!" Olivia is right next to Ethan while Ethan yells this to Max. Ethan can be liable for this tort (and elements).
A plaintiff may bring a defamation action if the defendant’s defamatory language (1) is of or concerning the plaintiff, (2) is published to a third party who understands its defamatory nature, and (3) damages the plaintiff’s reputation.
This is the kind of duty Max owes his customers of the store he owns.
Invitee: Inspect of unknown dangers, make safe or warn, and prevent harm from active operations
Bonus:
Licensee: Warn of concealed dangers that are known or should be obvious to the land possessor
Known trespassers: Warn of concealed artificial dangers
Trespassers: Refrain from willful, wanton, reckless, or intentional misconduct (e.g., traps)
Trip drives his car into the law school injuring 100s of people right in front of me. This tort allows me to recover for my heart attack I suffer for seeing this horrible accident (and the elements).
NIED: To recover under the zone-of-danger theory, the plaintiff must prove that she was in the zone of danger (i.e., feared for her safety) and that the threat of physical impact caused emotional distress. Under the majority rule, this emotional distress must be manifested by physical symptoms (e.g., nightmares, shock). But under the minority rule and the Third Restatement, physical symptoms are not required.
Olivia and Ethan get married! But then Trip kills Ethan out of jealousy. Olivia can recover this for the loss of her husband.
A person may recover for loss of consortium and society resulting from a physical or emotional injury to a spouse or child.
Isabell owns a bar. One night she serves Max 50 beers!! Max goes and murders Trip. Isabell can be liable under this doctrine.
Dram-Shop Liability:
Many states recognize a cause of action against the seller of intoxicating beverages when a third party is injured because of the buyer’s intoxication. Most states limit liability to circumstances in which the buyer was a minor or intoxicated at the time of the sale. Additionally, many states extend liability to social hosts for injuries to intoxicated guests and/or third parties injured by intoxicated guests.
Trip sleeps over at Ethan's apartment. Ethan films Trip while he is sleeping. Ethan can be liable for this tort.
Intrusion Upon Seclusion – The plaintiff must prove that the defendant’s intentional intrusion into the plaintiff’s private affairs was highly offensive to a reasonable person. No publication is required.
Max's duty of care would be different under these two views. (describe Cardozo and Andrews)
Cardozo (majority) view – The defendant is liable only to plaintiffs who are within the zone of foreseeable harm.
Andrews (minority) view – If the defendant can foresee harm to anyone due to his negligence, then a duty is owed to everyone harmed (foreseeable or not).