Torts Must Know Cases

Garratt v. Dailey

Defendant must be substantially certain that his action will result in the tort

United States v. Carroll Towing

Negligence duty of care - Hand Formula

If B < P x L, duty not met

If B >/= P x L, duty possibly met

B = burden of adequate precautions

L = cost of potential injury

P = probability of injury occuring

Daubert v. Merrell Dow Pharmaceuticals

Judges become gatekeepers of expert testimony. Two part analysis:

1. Determine whether expert testimony:

   • reflects scientific knowledge

   • derived by scientific method

2. Ensure proposed testimony is relevant to the task at hand (logically advances element of proponent's case)

Summers v. Tice

Where plaintiff suffers a single, indivisible injury that could have been caused by the negligence of one of multiple defendants, each defendant is jointly and severally liable.

Palsgraf v. Long Island R.R. Co.

Cardozo: no duty to P specifically - duty defined by reasonably foreseeable risk - P was outside zone of danger

Andrews: everyone has duty of reasonable care to everyone else, but no proximate cause

Tarasoff v. Regents of University of California

Mental health professionals have a duty to warn individuals threatened by a patient, even if confidential

Rylands v. Fletcher

Defendant's non-natural use of land, which leads to another's land being damaged as a result of dangerous things emanating from defendant's land, is strictly liable

Restatement 402A

(1) One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if (a) the seller is engaged in the business of selling such a product, and (b) it is expected to and does reach the user or consumer without substantial change in the condition in which it is sold.

(2) The rule stated in Subsection (1) applies although (a) the seller has exercised all possible care in the preparation and sale of his product, and (b) the user or consumer has not bought the product from or entered into any contractual relation with the seller.