LAW 122 Lecture Notes - Lecture 6: No Liability, Lightning, Product Liability
Document Summary
Impossible to prevent unforeseeable event: unfair to deny liability for subjective deficiencies, plaintiff entitled to expect reasonable conduct, proximity, there must somehow be a close and direct connection between parties, physical proximity ex. Hit by swung baseball bat: social relationship ex. Bond between parent & child: commercial relationship ex. Alcohol sold to driver: direct causal connection ex. Loss occurred directly related to careless activity: plaintiff relied on the fact that the defendant represented that they would act in a certain way, ex. Plane crash: affordability, more care if inexpensive precaution, ex. Cab door locks: social utility, less care if socially valuable activity, ex. Ambulance: sudden peril doctrine, less care if emergency, ex. Rescue from fire: standard of care for professionals, standard is higher than mere reasonable person, must act as reasonable professional, no allowance for inexperience or exaggerated credentials, standard may be higher still for specialist or expert, ex.
