Intentional Torts
The act of intentionally causing physical harm or offensive contact with a victims person.
- The contact can be direct/indirect
What is Battery?
The five elements of negligence.
What is Duty, Breach, Actual Cause, Proximate Cause, and Damages?
Defective Products
Animals
Dangerous abnormal activities
Contributory negligence
What is you are negligent in any way and contribute to your own injury you are totally barred from recovery? You can not recover.
The act of intentionally or recklessly by extreme or outrageous conduct causes severe mental distress to the victim.
What is Infliction of Emotional Distress?
The Eggshell Plaintiff Rule
What is that a negligent defendant must take the injured person "as they find them," meaning they are fully liable for all resulting harm, even if the victim's pre-existing condition, vulnerability, or unusual sensitivity (like a fragile "eggshell" skull) made the injury far worse than it would have been for an average person?
The 4 causes of action under product liability
What is negligence, warranty, misrepresentation, & strict liability?
Comparative Negligence
What is the plaintiff contributes to their own negligence reducing theirnegligence (recover a percentage)?
False Imprisonment
What is the intent to unlawfully confine/restrain a victim in a bounded area?
The duty owed to trespassers.
What is refraining from willful, wonton, and reckless behavior?
The types of defects in product liability
What is Manufacturing defect, Manufacturing Defect, & Warning Defect?
Assumption of the risk
What is a plaintiff knows of a particular risk and voluntarily assumes it their right to recovery is completely barred? You assume the risk you get nothing.
What is when a defendant intends to commit a specific tort but their acts result in a different tort than the one the defendant intended to commit. The defendant is still liable for this tort even tho he did not intend it.
The duty owed to third parties for children
Generally there is no parental duty owed to a third party for the behavior of their children UNLESS the parents are aware of a child’s specific dangerous habits.
Test for Unreasonably Dangerous Product
What is
What is Consumer Expectation: product may be defective if it fails to perform as safely as an ordinary consumer would expect when used in a reasonably foreseeable manner
■ Liable if product is dangerous beyond consumers expectations
Misuse- Product Liability
What is it can be considered a duty, causation, or defense issue; even where the misuse remains a defense and complete bar to recovery, it is necessary to show that is an unforeseeable use?
Conversion
What is the plaintiff being in possession of the chattel that the defendant intentionally engages in the act that so seriously interferes with the plaintiff's right to the chattel that the defendant be required to pay the full value of the chattel?
The Federal Tort Claims Act
What is the federal legislation that provides a legal means for compensating individuals who have suffered personal injury, death, or property loss/damage caused by the negligent or wrongful act or omission of an employee of the federal government?
- can only sue for compensatory damages, can NOT sue for punitive damages
The Elements of a Warning
What is 1. Get the user’s attention, 2. Explain what the hazard is, and 3. Show the user how to avoid that consequence.
Last Clear Chance
What is allows a contributorily negligent plaintiff to fully recover from the defendant if the defendant had the last opportunity to prevent the harm but failed to use reasonable care to do so?