Strict products liability 4 defenses

• 1) Comparative negligence

• 2) Assumption of risk

• 3) (a)  

• 4) Reseller exemptions/limitations

Legal obligation requiring actor to conform to certain standard of conduct

(a)  

6 Affirmative Duties:

1) Status Relationship

2) (a)   relationship

3) Voluntary undertaking

4) Co-adventure

5) Defendant-created danger

6) Statute created

 A defendant has no general duty to take affirmative action to aid a plaintiff in many jurisdictions. However, once a defendant actually takes such action, they have a duty to exercise due care as to their subsequent conduct; should not leave in worse position.

(a)  

People who enter land b/c open to public or 2) People who enter land to provide a “material benefit” to the landowner, such as business visitors/customers

(a)  

(a)   have a basic duty to warn about dangers but not "open and obvious"

Evidence of this is relevant but not dispositive to show breach

(a)  

Most social visitors, or a person who enters the land with the landowner’s permission but not an invitee

(a)  

Child trespassers are typically treated like adult trespassers however landowner is potentially liable for harm suffered by child trespasser if 5 elements are satisfied.

(a)  

If an invitee voluntarily goes beyond the reasonable scope (typically venturing to an area not reasonably part of the purpose for the license) then become a (a)  

The general rule of the RPP is objective meaning the Ds individual characteristics do not matter however: 1) People with (a)   physical impairments are judged by a standard that recognizes their physical limitations

The plaintiff identifies some precaution the defendant should have taken and argues that if that precaution had been taken, the injury would likely not have occurred. 

(a)  

The general rule is that a plaintiff (a)   recover in negligence if the plaintiff’s only injury was emotional or economic harm.

Extended liability for emotional harm to P who was not physically injured but who could have and nearly was if : 1) P was in the (a)   and 2) The P suffered physical symptoms of the distress. This test requires physical proximity and physical symptom

1.   Liability for emotional harm may arise if the plaintiff observes a (a)   relative (parent, sibling, child or spouse) suffering physical harm as it is being negligently caused by another. Requires physical injury to relative and proximity to the accident, merely learning about it is insufficient

“Pure”______ loss, (i.e., ______ loss without physical injury or property damage) is not generally recoverable in a negligence claim. 

(a)  

An activity or thing that interferes with the use and enjoyment of land owned by an individual or a small number of individuals.

(a)  

Elements for private nuisance :

1) The Defendant (a)   Interfered with the Plaintiff’s Use or Enjoyment of Land

2) The D Acted either : 1) intentionally (or knowingly) and unreasonably -or- 2) negligently, recklessly, or abnormally dangerous

Defamation (a)   : generally defined as a false statement that is not defamatory on its face, so the plaintiff must introduce extrinsic evidence to prove it is defamatory. In such cases, the plaintiff must prove actual damages.

1.  To establish a defendant’s liability for defamation, a plaintiff must prove 

2. 1) False Statement,  2) Of and Concerning the P, 3) (a)   , 4) Fault, and 5) Either : actual damages (defamation per quad) or presumed damages (defamation per se)