The duty of the landlord is not to prevent her from

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The duty of the landlord is not to prevent her from banging the pots together, but the duty is provide hot water. This is similar to the apartment complex hypo provided last week. (the buzzer is in place to protect the residents, not their guests. The guests are incidental factors – landlord has no obligation to prevent them from standing at the front door for an extended period of time. His duty is to provide a safe waiting area.) c. Foreseeability – linking liability with foreseeability – most often used approach. 1. Tieder v. Little – combines duty with proximate cause. Student at U Miami pinned up against a wall by a car, killed b/c negligently built wall collapsed. i. Negligence in designing and constructing a brick wall which led to collapse was a cause-in-fact of the accident which led to P’s death. a. But-for negligent design and construction of brick wall which led to collapse, P would not have died. 2. Augustine v. Cross Regep messed up Shea construction. A had to work on the roof and fell, and said that but for damage to inside, would not have been on the roof. Sued the other contractor that created condition to make them work on roof. i. Harm was not a foreseeable result of the negligence (must be foreseeable); could not reasonably anticipate harm. ii. Risk on roof not caused by D; foreseeable does not mean liable b/c negligence puts someone in a position where other negligence is the direct cause. iii. Not liable for causing a P to be in a place; necessary but not sufficient cause. 3. Relating the Eggshell Plaintiff Rule to Foreseeability Sometimes negligent behavior creates unforeseeably large damages because the victim has an unusual weakness. i. Schafer v. Hoffman – D struck pedestrian with car, P had major injuries. a. D disputed nature/extent of injuries, saying they were pre-existing. b. “thin-skull” theory: negligent D is liable for the resulting harm even though the harm is increased by the P’ condition at the time of the negligent conduct; “take victim as you find them” c. Negligent actor must bear this risk. d. D held liable for unusual results of personal injuries which are unforeseeable. e. “Shabby millionaire” – you are responsible for the injuries you cause to someone; even if they are a millionaire. d. Substantial Factor Test - This test for proximate cause ignores foreseeability . It considers whether the contribution of a party’s act was relatively important compared with other but-for causes in producing the harm suffered by the plaintiff. 1. If actor’s conduct is a substantial factor – Restatement §433: a. number of other factors which contribute in producing the harm and the extent of the effect which they have in producing it; b. whether actor’s conduct has created a force or series of forces which are in continuous and active operation up to the time of the harm; c. lapse of time.
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Christopher Reinemann
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