Introduction to Torts

What is a tort?
A wrongful act in a manner that the law deems wrongful toward
and injurious towards another
Negligence:
A failure to heed a duty of responsible care owed to another that
causes injury to another
What are the four elements in any case? *Walter V. Wal-Mart
o There is a duty
o That the duty is breached
o Causation
o Harm or injury
*Terms:
Prima Facie Case
o Plaintiff suffers an injury
o Duty
o Breach of that duty
o Harm caused by the breach
Qualified Duties of Care
Ordinary care *Osterlind v. Hill, Taco Bell case,
1. The highest practicable degree of providence,
thoughtfulness, and vigilance and the most
exact reliable safeguards.
Duty of care
2. To act responsibly towards others
No duty: is when the plaintiffs complaint is that the
defendant failed to render assistance to the plaintiff in a
situation in which assistance couldve prevented the
plaintiff injury.
Premises liability: liability arising from injuries/losses
occurring on ones property. *Leffler V. Sharp (roof)
3. Licensee: enters with implied invite and implied
permission
4. Invitee: goes upon premise of another by
invitation for their mutual advantage
5. Trespasser: no permission to be on the property
and the owner didnt know you were there
a. Exception of no duty to trespassers
i. Artificial conditions (only if the
possessor knows or should have
known that trespassers constantly
intrude upon the land as to be
exposed to the danger)

ii. Attractive nuisance (if the land

owner has reason to foresee that
children might enter the property
and be endangered by condition)
iii. Local laws (fence around pool)
Nonfeasance v. Misfeasance
6. Nonfeasance: can be used in 2 ways (non duty)
a. The wrong will not subject the defendant
to liability
b. Cannot be held liable for her wrong
(Situational)
Misfeasance: the performance of an official duty in an
improper manner or with a corrupt motive (ex. Omission of
brakes) (mistake)
The Meaning of Duty *Rowland v. Christian (the bathroom
sink)
Where the occupier of land is aware of a concealed
condition involving an unreasonable risk of harm and is
aware that a person on the premises is about to come into
contact with it he will be negligent if he does not warn or
repair the condition
The proper test
7. Whether in the management of his property
the possessor has: acted as a reasonable man
in view of the probability of injury to others
Duty, Breach, and the Meaning of Negligence
Ordinary negligence standard of care *Myers V. Heritage
(nursing home lift)
8. Elements
a. The existence of a duty owed by
defendant to plaintiff
b. A breach of that duty
c. Injury proximately caused by that breach
The Person of Ordinary Prudence Custom *Vaughan v. Menlove
(hay stack)
Reasonableness, Balancing, and Cost-Benefit Analysis
Unreasonable conduct is merely the failure to take
precautions that would generate greater benefits in
avoiding accidents than the precautions would cost
B<P(L) *United States V. Carroll Towing
Res Ipsa Loquitur the things speaks for itself *Byrne v.
Boadle
9. The accident wouldnt happen without
negligence
10.
The D had exclusive control of flour

11.
The accident must not have been due to
a voluntary action or contribution
Causation (can be about any tort, must blame plaintiff here)
Must be able to prove that the defendant CAUSED THE
HARM, there can be no break in the chain from P to D
Multiple Necessary and Multiple Sufficient Causes
Proximate Cause (What actually caused the harm)
The P has proven or can prove that a breach of a duty
owed to the P by D was cause in fact of the Ps injury
*Union Pump v. Albritton
Is there something about the connection b/w the
carelessness and Ps injury that warrants freeing the D
from liability for that injury notwithstanding that
connection
Superseding Cause
An intervening event occurring after the alleged tortfeasors
act that is legally deemed to override the tortfeasors act as
the cause of the injury and consequently, to relieve the
tortfeasor from liability of such injury
Negligence per se
Negligence itself
Conduct thats deemed to be negligent as a matter of law
w/o requiring proof that the actor breached a duty of care
Wrongful death
Claims
12.
Survival: (estate) these are not for
surviving relatives these actions are for the
death of the tort victim
13.
Wrongful: (family members) this is
brought by family members themselves for
what THEY lost. A statue will tell you who can
recover (ex. Hubby, wife, kids)
Contributory negligence
Traditionally meant that if plantiff was found to be at all at
fault he couldnt recover- reflected the view that if plantiff
wasnt coming to court with clean hands he was barred
from recovery
New law allows for recovery even when the plantiff is found
to have been partially at fault
Assumption of risk
A warning, a defense, a complete bar to recovery and allow
the defendant to pay nothing.