{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

LGST 101 Lecture 16

This is an intervening cause something happens in

Info iconThis preview shows pages 5–6. Sign up to view the full content.

View Full Document Right Arrow Icon
This is an intervening cause Something happens in between your action and the damage (here that something is the wind blowing the burning leaves onto neighbor’s property), but it does it with your responsibility Maintains your liability – you are still responsible o Superseding cause Lifts your liability You are superseded – it is someone else’s responsibility (someone else came in between and caused the damage) Probably a person who causes the damage, and who is then responsible Abnormally dangerous concepts – very high standard of care (can be absolute standard of care) o Attractive nuisance Swimming pool is an attractive nuisance Must put up something like a fence to put Especially applies to children, since they don’t know better Court will ask, “What should you have foreseen?” o Non-domesticated animals Very liable If a non-domesticated animal hurts someone, then you are liable Domesticated animals – less liability If you have dog, if the dog is vicious and active, it’s the same as having a non-domesticated animal But even if an animal that is normal suddenly becomes provoked and attacks someone, then you can still be liable Animals can shift categories from abnormally dangerous to not (first bite rule) o Weapons, dangerous chemicals, explosives all are abnormally dangerous o There can be absolute strict liability o You have introduced a danger to your community, and you are liable for it Defense concepts (things that you can use to defend yourself) o Risk Risk can be bought and sold It can be absorbed You can relieve someone else of any negligence or responsibility that anyone may have (professor going to dangerous cellar to buy magazines from bookstore example) There is a presumed standard of care, even if you absorb risk
Background image of page 5

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
o So even though a parking garage says they are not responsible for anything that happens, that is not true If they do not meet their normal standard of care, then they are liable But, that said, in the normal care of things, the garage have no responsibility for you – that’s the assumption of risk It can be detached Regardless of whether you absorb risk or detach it, you need to be aware of it – who has what risk If you don’t, then you may try and sue for any losses, but you will lose since it turns out that you may have absorbed the risk Parking garage shifts risk to you Damage is based upon risk If we shift risk to you, then I have no liability Cases o Soldano, Love, Paulsgraff, Ducat, Kline, Kinsman
Background image of page 6
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

Page5 / 6

This is an intervening cause Something happens in between...

This preview shows document pages 5 - 6. Sign up to view the full document.

View Full Document Right Arrow Icon bookmark
Ask a homework question - tutors are online