Week 12 Torts

Pure Economic Harm

Financial loss that is not secondary to bodily injury or property damage.

Emotional Distress

Psychological suffering caused by negligent conduct, distinct from physical injury.

Premises Liability

Legal responsibility of property owners to ensure the safety of their premises.

Negligently Inflicted Emotional Distress

Emotional harm caused by negligent actions of another party without physical injury.

Breach

Failure to meet the standard of care in negligence cases.

Causation

The relationship between the defendant's conduct and the plaintiff's injury.

Proximate Cause

An event sufficiently related to an injury that the courts deem it to be the cause of that injury.

Duty

The legal obligation to conform to a standard of care to prevent harming others.

Standard of Care

The degree of caution or conduct that a reasonable person would exercise in similar circumstances.

Rowland Factors

Factors used to determine duty in negligence cases, including foreseeability.

Zone of Danger

The area around a negligent act where a person is at risk of physical harm.

Physical Manifestation Test

A standard requiring emotional distress claims to have observable physical symptoms.

Bystander Emotional Distress Claims

Claims arising from witnessing injury to another, requiring close familial relationship and contemporaneous awareness.

Direct Claims

Emotional distress claims arising from fears for one's own safety.

Indirect Claims

Emotional distress claims arising from witnessing injury to another.

Liability

Legal responsibility for one's actions or omissions.

Damages

Monetary compensation for loss or injury.

Limitations of Liability

Legal restrictions that prevent indefinite or excessively broad liability for damages.

Negligent Misrepresentation

Providing false information negligently, leading to economic harm.

Special Relationship

A legal connection that may impose a duty of care where normally none exists.

Duty Analysis

The process of determining if a legal duty exists in negligence cases.