Torts

Missed Rules

Liability for foreseeable intervening forces

a defendant will be held liable for harm caused by foreseeable intervening forces. This includes diseases contracted or subsequent injuries sustained because the plaintiff was impaired by the defendant’s tortious conduct.

Res ipsa loquitur

Permits the jury to infer the defendant’s breach of duty. To shift the burden of proof the plaintiff must establish (1) that the the plaintiff’s injury does not ordinarily occur in the absence of negligence, (2) it is more likely than not the defendant’s negligence that caused the injury, and (3) the plaintiff was no responsible for the event that caused the injury.

Joint and several liability

When two or more defendants acting in concert or independently injure the plaintiff and the damages cannot be allocated between them all of the defendants are liable for the entirety of the plaintiff’s injury

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