Immunities
A police officer shoots and kills a dog charging at them. Will they be liable?
Unlikely, police usually have immunity unless the action was willful and wanton or grossly negligent
Sara works for a hospital. During their shifts, employees are allowed to go get lunch. Sara drives across the street to chipotle and while driving back hits a pedestrian in the hospital parking lot.
What is vicarious liability?
What are the 5 elements?
publication, false statement of fact, concerns the plaintiff, fault, and damages
Reasonable expectation of privacy
Investigator intruded
A reasonable person would find this highly offensive
What is intrusion upon the seclusion of another?
The two types of defamation and what they mean.
What is liable (written) and slander (spoken)?
Parents decide that shoes are harmful to proper foot development and refuse to shoe their children. They also believe that having a dirty home boosts immunity and cognitive thinking. Child steps on a nail in their livingroom, gets an infection, and sues their parents for negligence. Will they prevail.
No. Parental immunity protects parents from lawsuits regarding everyday childrearing.
What are the three products liability claims?
design defect
manufacturing defect
warning defect
Nancy is a murderer
What is defamation per se?
Facts or fact must be private in nature
Disclosure has to be made to the public (large group of ppl)
Disclosure must be highly offensive to a reasonable person
The fact or facts disclosed cannot be of legitimate concern to the public
Defendant acted with a reckless disregard of the private nature of the fact or facts disclosed
(It's not about if it was false, it's about if it was private!)
Publicity Given to Private Life
Both are intentional exercise of dominion and control but one permanently alters and the other is for a substantial period of time.
What is the difference between conversion and trespass to chattels?
A visitor trips on a broken sidewalk while entering a church and sues the church for negligence
Historically, charitable organizations were immune to protect charitable trust funds. Many jurisdictions have abolished this when the charity holds insurance.
Jeff owns an inflatable balloon company. He inflates the balloons with helium, a gas that can burst into flames at any moment. Jeff's eighth wiener dog of the day explodes on impact.
What is ultra hazardous?
Slander per se
criminal offence
loathsome disease
incompatibility with their work-life
serious sexual misconduct
(don't have to prove harm)
Husband puts a camera in the bathroom without wife's consent.
What is intrusion upon the seclusion of another?
What are the defenses to negligence?
1. Blame the plaintiff
2. No duty or breach
3. Assumption of risk
A parent causes a car accident with their children in the car. The children are severely injured and want to sue their parents for negligence. Can they?
Yes. Parental immunity may not apply if the parent's conduct is willful, wanton, or grossly negligent, or if the act is not considered a "parental duty"
A dude in the middle of the park is putting on a show for his pet monkey. Some kid gives him a dollar to pet it. The monkey bites the kid.
What is strict liability for the owner of a wild animal?
Public official standard
must prove actual malice that the published statements were made with a reckless disregard if the statements are false or not
One who gives publicity to a matter concerning another that places the other before the public in a false light is liable if:
1. The false light in which the other was placed would be highly offensive to a reasonable person
2. The actor had knowledge of or acted in reckless disregard as to the falsity of the publicized matter and the false light in which the other would be placed
False light
What is not defamation?
Opinions, hyperbole, satire/parody, name calling
Meatloaf bites Jess. What are the two scenarios that play out here?
1. The "first bite rule": first bite is a negligence claim and thereafter is strict liability
2. Strict liability
Private plaintiff v. public/media defendant
Negligence + actual injury or actual malice
Using someone’s image or likeness/voice/name for advertising purposes or for purposes of trade.
Misappropriation of the Right of Publicity
Who can't state a nuisance claim?
Ultra sensitive plaintiffs