Landowner Duty
Undiscovered Trespassers
No duty owed
Strict Products Liability Elements
1. defendant is a merchant;
2. the product was defective when it left the defendant's control;
3. the product was the actual and proximate cause of the injury; and
4. damages to person or property
Private Nuisance
A substantial, unreasonable interference with another person's use or enjoyment of their property
Elements
1. defamatory language about the plaintiff;
2. published to a third person;
3. caused damages; and
4. requisite fault
Appropriation of the Plaintiff's Picture or Name
Unauthorized use of the plaintiff's picture or name for the defendant's commercial advantage
Discovered and Anticipated Trespassers
Duty to warn of or make safe known highly dangerous artificial conditions if not obvious to the trespasser
Implied Warranty of Merchantability
A merchant sells goods that are generally fit for ordinary use and generally acceptable to others in the industry
Public Nuisance
An act that unreasonably interferes with the health, safety, or property rights of the community
Fault and Recoverable Damages for Defamation of Public Official/Figure
- Actual Malice (knowledge of falsity or reckless disregard as to truth or falsity)
- Presumed damages and punitive damages where appropriate
Intrusion on the Plaintiff's Affairs or Seclusion
An act of prying or intruding on the plaintiff's private affairs or seclusion that would be highly offensive to a reasonable person
Invitees
Duty to warn of or make safe known dangerous conditions that are not obvious
Implied Warranty of Fitness for a Particular Purpose
The seller knows or has reason to know that the goods are required for a particular purpose and that the buyer is relying on the seller's skills and judgement to provide appropriate goods
Negligent Misrepresentation Elements
3. causation/actual reliance;
4.justifiable reliance; and
5. damages
Fault and Recoverable Damages for Defamation of a Private Person in a Matter o Public Concern
- negligence as to statement's truth or falsity
- damages for actual injury
- if malice is proved, presumed and punitive damages may be available
False Light
The publication of facts about the plaintiff putting them in a false light in the public eye in a way that would be highly offensive to a reasonable person
Licensees
Duty to warn of or make safe known dangerous conditions, both artificial and natural, that are not obvious
Representation
1. the product did not live up to an affirmative claim made by the defendant regarding the product or
2. a false affirmative claim is made about a product that is not defective
Intentional Misrepresentation Elements
1. knowledge of falsity or reckless disregard as to truth/falsity;
2. intent to induce reliance;
3. causation/actual reliance;
4. justifiable reliance; and
5. damages
Fault and Recoverable Damages for Defamation of a Private Person in a Matter of Private Concern
- Generally no fault as to truth or falsity
- Presumed damages and punitive damages where appropriate
Public Disclosure of Private Facts
The public disclosure of private information about the plaintiff such that the disclosure would be highly offensive to a reasonable person
Active Operations and Children
Ordinary reasonable care standard applies for active operations on the property and for conditions on the land that injure children
Types of Defects
1. Manufacturing
2. Design
3. Information
Interference with Business Relations
1. plaintiff has a valid contractual relationship or business expectancy with a third party;
2. defendant has knowledge of the relationship and intentionally interferes, inducing a breach or termination of the relationship; and
3. damages
Defenses
- Absolute privilege for statements in judicial, legislative, or executive proceedings
- Qualified privilege for matters in teh interest of the publisher and/or recipient
Defenses to Privacy Torts
1. consent;
2. absolute or qualified privilege;
3. truth (for false light claims only)