Latter Portion

Question 1

What duty does carriers and drivers owe?

Answer 1

Usually stated as the highest degree of care, just short of strict liability

Question 2

What are the 3 traditional classifications of entrants onto land?

Answer 2

Trespassers, licensees, invitees

Question 3

What duty is owed to trespassers?

Answer 3

Duty to refrain from willful or wanton misconduct

Question 4

What duty is owed to a licensee?

Answer 4

Duty to refrain from willful or wanton misconduct

Question 5

What duty is owed to an invitee?

Answer 5

Reasonable care

Question 6

Who is a trespasser?

Answer 6

Any person who has no legal right to be on another’s land and enters without consent

Question 7

Who is a licensee?

Answer 7

Any person on another’s land with permission but limited license

Question 8

Who is an invitee?

Answer 8

Any person on a premises for the financial benefit of the owner or on a premises held open to the public

Question 9

Does Ohio use the traditional entrant classifications or reasonable care for all?

Answer 9

Traditional classifications

Question 10

Attractive nuisance doctrine?

Answer 10

Duty of ordinary care for child trespassers when a condition on a property Will foreseeably attract children and cause harm

Question 11

What is the cut off age for attractive nuisance doctrine?

Answer 11

12

Question 12

What is the majority trend for open and obvious dangers?

Answer 12

Incorporate open and obvious into comparative negligence → not an outright bar

Question 13

What is the traditional, majority rule for landlord duty to tenants?

Answer 13

Landlord is not liable for injuries due to defects in the premises towards tenants or guests of tenants

Question 14

What is the majority rule in terms of locality in medical malpractice

Answer 14

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

Question 15

What is the scope of Ohio’s Good Samaritan statute?

Answer 15

Immunity from liability outside of the hospital, does not extend into the hospital setting

Question 16

What is the majority rule in terms of the standard for negligence in informed consent?

Answer 16

Professional standard → what risks an ordinarily careful doctor usually discloses to patients

Question 17

What 3 groups were traditionally immune from tort liability?

Answer 17

Family members, charities, governmental entities

Question 18

What is the one area where parents still retain immunity?

Answer 18

Parental authority in supervision and discipline

Question 19

What are the exceptions to nonfeasance?

Answer 19

Where the individual caused the harm in the first place and where there is a special relationship

Question 20

Does one have a duty to protect others from third persons?

Answer 20

No duty to warn or protect plaintiff from a third party unless there is a traditional special relationship

Question 21

What are the 2 exceptions to the rule that landlords have no duty to protect tenants from others?

Answer 21

Where the landlord has already taken steps to protect the tenants and where a defective condition increases the likelihood of criminal activity

Question 22

What are the 7 traditional special relationships?

Answer 22

Common carrier / passenger, innkeeper / guests, business owner / invitee, employer / employee, school / students, landlord / tenants, custodian / those in custody

Question 23

Are parents generally liable for their child’s torts based on the parental relationship?

Answer 23

No

Question 24

Respondeat superior?

Answer 24

Employers are generally liable for the negligent torts of their employees committed within the scope of their employment

Question 25

Traditional rule for commercial liability serving alcohol?

Answer 25

A restaurant owner who serves alcohol is not liable for injuries caused by a drunk person

Question 26

Modern rule for commercial liability serving alcohol?

Answer 26

One who sells alcohol has a duty of reasonable care not to serve to noticeably drunk people or minors

Question 27

Does the common law impose some type of liability on social hosts serving alcohol?

Answer 27

No

Question 28

What is Ohio's dram shop statute?

Answer 28

No liability for vendor serving alcohol unless the person is noticeably drunk or under 21; extends to social hosts for serving under 21

Question 29

What are the 4 elements of IIED?

Answer 29

1. Extreme and outrageous conduct 2. Intent to cause, or disregard of a substantial probability of causing, severe emotional harm 3. But for causal connection 4. Severe emotional distress

Question 30

When is IIED more likely to arise?

Answer 30

Repeated / extended conduct, an abuse of power, directed at a more vulnerable person

Question 31

What are the 2 additional elements of IIED for liability against a party which the conduct was not directed?

Answer 31

The party must be a member of the victim's family and must be present at the time of conduct

Question 32

What is the modern approach to NIED for direct risks of harm?

Answer 32

Zone of danger even if no physical touch

Question 33

To recover for witnessing an injury to another under NIED, what required?

Answer 33

Plaintiff is either an immediate family member or within the zone of danger

Question 34

What are the 3 factors in the foreseeability of emotional harm (rejected zone of danger rule)?

Answer 34

1. Proximity to the scene 2. sensory observance 3. Relationship to the victim