LEGL 225 Lecture Notes - Lecture 7: Res Ipsa Loquitur, Contributory Negligence, Comparative Negligence
Document Summary
Man tries to catch up to train, while carrying fireworks. While hopping on to the train the package drops. Palsgraf was injured while standing on a platform up ahead. She was not a foreseeable plaintiff or in the foreseeable zone of danger. Case is dropped because there was no negligence to be accounting for. It was foreseeable that conduct like the defendant"s might cause this type of harm: damages- the plaintiff has actually been hurt or has actually suffered a measureable loss. Chapter 7 book notes - negligence and strict liability. Negligence- an unintentional tort" because it concerns harm that arises by accident. It was foreseeable that conduct like the defendant"s might cause this type of harm. 3/6/16: damages- the plaintiff has actually been hurt or has actually suffered a measureable loss. Special duty: landowners- rules for injuries occurring on her property. In most states, the owner"s duty depends on the type of person injured.