Unforeseeable results from foreseeable intervening forces D is not liable

Unforeseeable results from foreseeable intervening

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Unforeseeable results from foreseeable intervening forces: D is not liable (branch shattering window)(iv) Unforeseeable results from unforeseeable intervening forces: D is not liable (blocked road, P goes another way, and gets hit by negligent driver)4. Damages: personal injury (incl emotional distress, economic-lost wages-, and noneconomic-pain and suffering-); property damage; punitive damages (for D’s conduct is wanton and willful/reckless/malicious) (no nominal damages in negligence cases). a) Eggshell Skull Plaintiff: foreseeability of the extent of the harm is irrelevant (take P as you find her)b) Duty for P to mitigatec) Collateral Source Rule: damages are not reduced because P received benefits from other sources (e.g., insurance)B. Affirmative Defenses1. Comparative Negligence: P has failed to exercise proper care (RPP) for his own safetya) pure: (default rule) even a 90% at fault P will go home with 10%b) partial/modified: P fault over 50% is an absolute bar and P takes nothing2. Contributory Negligence: P’s own negligence that contributes to her own injury (complete bar to recovery)a) "Last Clear Chance" doctrine: Negligent P’s rebuttal to contributory negligence defense: person with the last clear chanceto avoid an accident who fails to do so is liable(1) P in helpless peril (D knew or should of known), inattentive peril (D knew of P’s peril), at time of accident (D had opportunity to avoid harm to P at time of accident)3. Assumption of Risk: P (1) knew of the risk and (2) voluntarily proceeded in the face of the risk (may bar recovery)a) implied assumption of risk: the risk is one that an average person would clearly appreciateIV. Strict Liability: P must prove (1) the nature of D’s activity imposes an absolute duty to make safe (owed to all foreseeable Ps); (2) actual and proximate causation; (3) damages to person or propertyA. Injuries caused by Animals1. Domesticated Animals: strict liability only if owner knowsof the animal’s vicious tendencies (dog bit someone before)a) Never strictly liable to a trespasserb) Owner can be liable for negligence to a trespasser2. Wild Animals: strict liability (safety precautions irrelevant)3. Trespassing Animals: strict liability only for reasonably foreseeable injuriesB. Injuries caused by Abnormally Dangerous Activity: (1) foreseeable risk of serious harm even when reasonable care is exercised by all actors; (2) the activity is not commonly engaged in in that communityC. Defenses:1. In contributory negligence states: CN is no defense if P has failed to realize the danger or guard against it. It is a defense if P knew of the danger and his unreasonable conduct was the very cause of the harm from the wild animal or abnormally dangerous activity2. Assumption of risk and comparative negligenceV. Products LiabilityA. Products Liability (liability of a supplier of a product to one injured by the product)1. Strict Liability: 1. Absolute duty owed by commercial suppliers to supply safe products, 2. Production or sale of defective product, 3. Actual and proximate cause, and 4. Damages
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