MEE - TORTS Flashcards
(7 cards)
Rule Statement - Negligence
A prima facie case of negligence requires proof of a duty, breach of that duty, causation, and damages. In general, a duty of care is owed to all foreseeable persons who may foreseeable be injured by the defendant’s failure to act as a reasonable person or ordinary prudence under the circumstances.
Physician Standard of Care
A physician is held to a national standard and is expected to exhibit the same skill, knowledge, and care as an ordinary person.
Strict Products Liability
Under strict products liability, the manufacturer, retailer, or other distributor of a defective product may be liable for any harm caused by the product. The plaintiff must prove (i) the product was defective (in manufacture, design, or failure to warn,) (ii) the defect existed at the time the product left the D’s control, and (iii) the defect caused the P’s injuries when the product was used in an intended or foreseeable way. A manufacturing defect is a deviation from what the manufacturer intended the product to be that causes harm to the plaintiff. The test is whether the product conforms to the defendant’s own specifications.
Implied Warranty of Merchantability
The implied warranty of merchantability warrants that the product being sold is generally accepted and reasonably fit for the ordinary purpose for which it is being sold. Any product that fails to live up to this warrant constitutes a breach, regardless of any fault by the defendant.
Market Share Liability (definition)
Under the market share liability doctrine, if the plaintiff’s injuries are caused by a fungible product and it is impossible to identify which defendant placed the harmful product into the market, the jury can apportion liability based on each defendant’s share of the market.
Alternative Causation Doctrine
Under the AC doctrine, if the P’s harm was caused by (i) one of the small number of defendants, (ii) each of whose conduct was tortious, and (iii) all of whom are present before the court, then the court may shift the burden of proof to each individual defendant to prove that his conduct was not the cause in fact of the P’s harm.
