Torts Outline

I) Prima Facia Case of Negligence
A) Duty: a responsibility to a specific person, not derivative. Question of law.
1) Proximity& Foreseeability: Must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbor. Logical notion of reasonable events. …“Whenever one person is by circumstances placed in such a position with regard to another that anyone of ordinary sense who did not think would at once recognize that if he did not use ordinary care and skill in his own conduct w/ regard to those circumstances he would cause danger of injury to the person or property of the other, a duty of care arises”
(i) For manufacturers, users or consumers of products
(ii) Two ships passing each other at sea
(iii)Cars on the highway
(iv)Duty of care is owed beyond the specific intended use of an object when a certain result is reasonable foreseeable (cars crashing)
(v) Fright
(a) Basic rule in most jurisdictions is not duty owed for negligent infliction of pure emotional distress (Impact rule), so several exceptions have been created (varies greatly by jurisdiction)
· Zone of danger rule: When plaintiff is close enough and concerned for own wellbeing a duty of care is owed.
· Bystander rule/McLaughlin: Allows recovery for foreseeable sufferers:
¨ Close relationship b/w injured party and frightened person
¨ Proximity in time and space to the accident
¨ must experience first-hand
· Fla: bystander rule w/ foreseeability rqrmt
¨ Discernable physical injury must result from emotional distress
(b) When the primary effect of the harm is emotional rather than physical (slander), duty owed
2) Owners and Occupiers of land: Duty determined as a matter of law and depends on the status of the injured person upon the land although California took an aggressive step in Rowland v Christian and made duty a question of fact.
(i) Business Invitee: someone who is invited unto the property by the possessor regarding and economic occasion
· Duty as to Condition of Property àexercise reasonable care to make reasonably safe, reasonable inspection
· Duty as to possessor’s action : reasonable care
(b) Under CL firefighters were licensees but Fla has made them Invitees via statute
(ii) Licensee: Person who is present w/ permission but not as a business invitee
· Duty as to Condition of Property à Warn of known traps. Takes land as owner takes it.
· Duty as to possessor’s actions : not willfully and wantonly hurt
(b) There is a difference b/w a known and an unknown licensee
(iii)Trespasser: Person w/ no authorization to be there
· Duty as to Condition of Property à No Duty
¨ Although most Cts would fine duty to warn if you know
· Duty as to possessor’s actions : not willfully and wantonly hurt
(b) In the case of children: duty owed if they have been lured upon the land by the thing that hurt them
¨ Fla says construction sites lure kids
· Restatement 339
¨ A possessor of land is subject to liability for physical harm to children trespassing thereon caused by an artificial condition upon the land if:
a) The place where the condition exists is one upon which the possessor knows or has reason to know that children are likely to trespass, or
b) The condition is one of which the