Torts MEE rules Flashcards
(10 cards)
market share liability doctrine
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 alternative causation doctrine, if the plaintiff’s harm was caused by (i) one of a 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 plaintiff’s harm.
concert of action doctrine
Under the concert of action doctrine, if two or more tortfeasors were acting pursuant to a common plan or design and the acts of one or more of them tortiously caused the plaintiff’s harm, then all the defendants will be held jointly and severally liable.
res ipsa loquitor immediate excpetion
res ipsa loquitor does not permit an inference of neg when the P was harmed by a temporary danger that could have arisen immediately before the injury occurred
CL rescuer doctrine
allows a P-rescuer to est a prima facie neg case by proving
(1) they were injured while attempting to rescue another, and
(2) that person’s peril was caused by the D’s failure to use reasonable care.
strict products liability elements
A strict products liability claim requires proof of :
(3)vThe defendant(s) were commercial sellers (eg, manufacturer, retailer).
(2) The product was defective at the time it left the defendant’s control.
(3) The defect caused the plaintiff physical harm (ie, bodily harm or property damage). Strictly economic damages do not meet this last burden.
economic damages and strict products liability
Claims for purely economic loss, including harm to the defective product itself and consequential damages arising therefrom, are not allowed
Misappropriation of the right to publicity
the unauthorized use of the plaintiff’s identity—ie, name, likeness, or item closely associated with the plaintiff—for the defendant’s benefit (typically for a commercial purpose).
felony murder and the death penalty
The death penalty cannot be imposed on an accomplice to felony murder who did not kill or intend to kill—unless the accomplice (1) significantly participated in the felony and (2) acted with reckless indifference to human life.
mechanical device to protect property
A mechanical device is a privileged means of protecting property when it is (1) reasonably necessary to protect the property from intrusion, (2) not unreasonably dangerous, (3) customarily used for this purpose or reasonable care is taken to make its use known, and (4) not intended or likely to cause death or serious bodily harm.