Iii reasoning difficulty in calculating damages for

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iii. Reasoning : difficulty in calculating damages for entire injury – just for lost opportunity. P may recover portion of damages actually attributable to their negligence. 3. Alberts v. Schultz i. Rule: damages should be awarded on a proportional basis as determined by the % value of the patient’s chance for a better outcome prior to the negligent act. ii. % of chance lost is multiplied by the total value of person’s life or limb 4. Petriello v. Kalman – Defendant doctor negligent in procedure, P has increased risk of future problems. i. Issue: whether P could be awarded compensation for an increased risk of future injury. ii. Rule: a P who has established negligence and increased risk of future harm is entitled to compensation to the extent that the future harm is likely to occur. a. Some jurisdictions will give $ today for injury that will happen in future. C HAPTER S IX – L IMITS ON L IABILITY : D UTY AND P ROXIMATE C AUSE 1. Intro a. Elements of negligence case: duty, breach, actual harm, cause in fact (but-for), proximate cause 10
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1. Woman visits friend, door buzzer broken, while friend comes down, assaulted. iii. Did the condo association owe a duty of care to the visitor? a. Reasonably foreseeable that there would be visitors – must have foreseeable harm in order to have a duty. b. Duty helps deterrence – if know duty, apartment will modify behavior to lower injury rate. c. Want to keep a reasonably safe entrance d. Being attacked in the lobby is not foreseeable; buzzer is for convenience of residents, not for safety of visitor. e. No duty b/c buzzer is not there for safety. iv. What if the friend slips on liquid while walking down the stairs, saying that if the buzzer hadn’t been broken, he wouldn’t have fallen. Duty here? a. No - While it did increase the likelihood of walking down the stairs, there isn’t a direct cause of the fall being linked to the broken buzzer. The fall isn’t foreseeable. 5. Proximate cause limits the scope of liability. 6. Harm that happens must be the kind of harm that the duty is supposed to prevent. b. Palsgraf v. Long Island RR Co. – RR station; employee helps a passenger on the train, doesn’t know there are fireworks in the bag. Causes explosion, scales knocked down onto woman waiting on the platform. 1. Issue: Did D owe P a duty? i. Cardozo (writing for the majority): a. Without any perception that one's actions could harm someone, there could be no duty towards that person, and therefore no negligence for which to impose liability. b. Duty precedes liability. And even if the guard knew there were firecrackers in the package, only a possibility that it would affect her. This is not foreseeability. c. Foreseeability in tort law tends to limit liability to the consequences of an act that could reasonably be foreseen rather than every single consequence that follows.
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Christopher Reinemann
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