Latter Portion Flashcards
What duty does carriers and drivers owe?
Usually stated as the highest degree of care, just short of strict liability
What are the 3 traditional classifications of entrants onto land?
Trespassers, licensees, invitees
What duty is owed to trespassers?
Duty to refrain from willful or wanton misconduct
What duty is owed to a licensee?
Duty to refrain from willful or wanton misconduct
What duty is owed to an invitee?
Reasonable care
Who is a trespasser?
Any person who has no legal right to be on another’s land and enters without consent
Who is a licensee?
Any person on another’s land with permission but limited license
Who is an invitee?
Any person on a premises for the financial benefit of the owner or on a premises held open to the public
Does Ohio use the traditional entrant classifications or reasonable care for all?
Traditional classifications
Attractive nuisance doctrine?
Duty of ordinary care for child trespassers when a condition on a property Will foreseeably attract children and cause harm
What is the cut off age for attractive nuisance doctrine?
12
What is the majority trend for open and obvious dangers?
Incorporate open and obvious into comparative negligence → not an outright bar
What is the traditional, majority rule for landlord duty to tenants?
Landlord is not liable for injuries due to defects in the premises towards tenants or guests of tenants
What is the majority rule in terms of locality in medical malpractice
National rule: a physician must exercise that degree of care exercised by reasonable doctors in the same class to which he belongs acting under similar circumstances
What is the scope of Ohio’s Good Samaritan statute?
Immunity from liability outside of the hospital, does not extend into the hospital setting
What is the majority rule in terms of the standard for negligence in informed consent?
Professional standard → what risks an ordinarily careful doctor usually discloses to patients
What 3 groups were traditionally immune from tort liability?
Family members, charities, governmental entities
What is the one area where parents still retain immunity?
Parental authority in supervision and discipline
What are the exceptions to nonfeasance?
Where the individual caused the harm in the first place and where there is a special relationship
Does one have a duty to protect others from third persons?
No duty to warn or protect plaintiff from a third party unless there is a traditional special relationship
What are the 2 exceptions to the rule that landlords have no duty to protect tenants from others?
Where the landlord has already taken steps to protect the tenants and where a defective condition increases the likelihood of criminal activity
What are the 7 traditional special relationships?
Common carrier / passenger, innkeeper / guests, business owner / invitee, employer / employee, school / students, landlord / tenants, custodian / those in custody
Are parents generally liable for their child’s torts based on the parental relationship?
No
Respondeat superior?
Employers are generally liable for the negligent torts of their employees committed within the scope of their employment
Traditional rule for commercial liability serving alcohol?
A restaurant owner who serves alcohol is not liable for injuries caused by a drunk person
Modern rule for commercial liability serving alcohol?
One who sells alcohol has a duty of reasonable care not to serve to noticeably drunk people or minors
Does the common law impose some type of liability on social hosts serving alcohol?
No
What is Ohio’s dram shop statute?
No liability for vendor serving alcohol unless the person is noticeably drunk or under 21; extends to social hosts for serving under 21
What are the 4 elements of IIED?
- Extreme and outrageous conduct
- Intent to cause, or disregard of a substantial probability of causing, severe emotional harm
- But for causal connection
- Severe emotional distress
When is IIED more likely to arise?
Repeated / extended conduct, an abuse of power, directed at a more vulnerable person
What are the 2 additional elements of IIED for liability against a party which the conduct was not directed?
The party must be a member of the victim’s family and must be present at the time of conduct
What is the modern approach to NIED for direct risks of harm?
Zone of danger even if no physical touch
To recover for witnessing an injury to another under NIED, what required?
Plaintiff is either an immediate family member or within the zone of danger
What are the 3 factors in the foreseeability of emotional harm (rejected zone of danger rule)?
- Proximity to the scene
- sensory observance
- Relationship to the victim
