NIED
Plaintiff's cannot recover under this rule if there was no physcial contact
Impact Rule
This is the first prong of Vicarious Liability
What is did a master-servant relationship exist?
When a product departs from its intended design, it is this type of defect
What is a manufacturing defect?
These damages are designed to punish extreme misconduct
This is a nontrespassory invasion of another's intestines in the private use and enjoyment of land
What is a private nuisance?
The plaintiff must be in peril of immediate bodily harm to recover under this rule
What is the zone of danger
These are the main types of nondelegable duties
What is inherently dangerous work?
In addition to being inherently dangerous, to prove a design defect the plaintiff must show that there is this
What is a reasonable, safer alternative design?
The general type of damages to compensate a victim for actual harm suffered
Compensatory Damages
There is strict liability even if you use reasonable care if you are doing one of these.
What is an abnormally dangerous activity?
These are the two categories of NIED claims
What is Direct Victim and Harm to Third Persons?
If an employee is doing his job, in working hours, for the benefit of the employer, he fulfills this requirement.
What is the scope of employment?
This occurs when there is the omission of instructions or warnings that consequently render the product not reasonably safe
What is an information (warning) defect?
This common damage has no formula and is often left up to the jury's opinion or precedent
What is pain and suffering?
An actor can be strictly liable for how he uses his land if the court deems that it is this
This case outlines the special cases in which NIED claims are commonly brought
What is Hedgepeth v Whitman-Walker Clinic?
A bouncer is liable for a fight at a club even if it is contrary to express orders because it is said to be this.
What is stemming from intentional misconduct?
If the product's design is obvious to everyday experience, the court can apply this test.
What is the consumer expectation test?
The plaintiff does not have to mitigate by looking for the cheapest option when calculating this pecuniary damage
Consideration of this kept the owner of an inherently dangerous male ram from being liable
What is the social utility of the ram?
The plaintiff must actually _____ to be able to recover
What is see or be presently aware
This case outlines the facotrs for determining if a master-servant relationship exists (also ยง220)
Mangual v. Berezinsky
This third party action absolves the manufacturer of any liability.
What is a substantial modification of the product?
This is a requirement for any recovery for loss of enjoyment of life
What is cognitive awareness?
Rather than simply issue an injuction as penalty for a nuisance, the Boomer court awarded this
What are permanent damages?