premises liability
What is the attractive nuisance doctrine?
It imposes liability on owners for artificial conditions that attract children onto the property and cause them harm.
What is a NON-premises liability case?
Injuries that arise from a breach of duty other than the obligation to maintain safe premises.
any injury caused by a defective product once out of their control
How does strict liability differ from negligence?
Strict liability focuses on the product's characteristics rather than the manufacturer's conduct.
Worker’s compensation immunity covers accidental workplace injuries but does not apply if the employer causes a ______ _____.
intentional act
What is the duty of care owed to business or public invitees
Property owners owe invitees a duty of ordinary care, meaning they must take reasonable steps to keep the premises safe.
What is the duty of care owed to licensees?
The owner must warn licensees of hidden dangers but is not required to make the premises safe.
Strict Liability when applied to PL (what does the plaintiff have to prove)
The plaintiff does not need to prove negligence, only that the product was defective and caused harm.
What is the significance of industry standards in product liability cases?
Industry standards can be used to demonstrate whether a product design was flawed or unreasonably dangerous.
contact with the plaintiff occurs directly or indirectly. Defendant is not liable for a mere offensive contact unless they acted with the intent to cause harm
offensive contact
How can a person's status change while on a property?
A person's status may change if they wander into a restricted area or stay after business hours
(Business or Public) Invitee
Someone who enters a property at the express or implied invitation of the owner,
either for a business purpose or because the owner has opened the property to the public.
define comparative and contributory fault
Comparative fault assesses the degree of fault of each party involved, which can affect recovery percentage in negligence claims.
Contributory means the plaintiff was responsible for their injury and barred from recovery.
What are express warranties?
Express warranties are explicit promises made by the seller regarding the product's nature, quality, or performance.
define imminent apprehension
a situation where a person believes they are about to experience harmful contact or injury.
What is a way to establish reasonable care in PL. What do courts look at that has been controversial?
status
Licensee (Social Guests)
Are on the property with the owner’s consent but are there for their own purposes rather than for a business purpose or as a member of the public.
What is the 'but-for' cause in warning defect cases?
The plaintiff must show that the lack of warning was a but-for cause of the injury, meaning the injury would not have occurred if the warning had been provided.
What is privity in the context of product liability?
Privity refers to the contractual link required between the injured party and the manufacturer for a claim to proceed.
to detain suspected shoplifters for a reasonable time if they have reasonable suspicion that the person has stolen something is protected by _____ ____
Even if the detained person is innocent, they may not have a claim for false imprisonment if the shop keeper acted reasonably
statutory privelege
If the property owner knew or should have known about the danger and failed to fix it or warn visitors, they can be held liable for resulting injuries. This is called a ____ ____.
dangerous condition
A homeowner negligently swings a golf club while giving a lesson to a guest, what type of liability is this
non premises liability.
What is the argument for strict liability regarding warnings?
Advocates argue that manufacturers should be responsible for warning about all potential dangers, regardless of whether those dangers were known at the time of sale.
What is Comment K (torts restatement) regarding unavoidably unsafe products?
It states that manufacturers are not strictly liable for injuries caused by products that are inherently risky if they provide adequate warnings.
Ana and Betsy consent to fight. Ana ends up going too far and breaks Betsy's nose, when it was just supposed to be a slapbox. Can Betsy sue Ana even though they consented. why?
yes. even if the plaintiff consented to some level of contact, the defense of consent is not applicable if the defendant’s behavior goes beyond what was agreed upon