Liability Flashcards
Sine qua non causation is…
A test to determine liability commonly called the “but for” test
The “but for” test can be used for X defendant(s)
Generally only 1 defedant
Rinaldo v. McGovern
Even though a golf ball had caused the accident, shouting fore was so unlikely to have provided any warning or changed the outcome that the golfer was not liable.
Stubbs v. City of Rochester
If there are several possible causes for a plaintiff’s injury, and the defendant is responsible for only one of them, the plaintiff may recover if the plaintiff establishes facts that show with reasonable certainty that the injury resulted from a cause for which the defendant was responsible.
Mitchell v. Person Enterprises
The possibility that a hotel was negligent by allowing in someone who later killed a guest was insufficient to show causation because the killer’s name and motive were unknown so it was not known how or why they got into the hotel room
Burgos v. Aqueduct Realty Corp.
A management company was liable when their negligently maintained gate allowed the entrance of a stranger who assaulted a guest
If an exposure occurs without immediate onset of the injuring disease, how can recovery be accomplished?
There are three ways,
1. pure risk
2. fear of disease
3. medical monitoring
Pure risk is (often/rarely) sucessful for recovering after exposure
Rarely. There is no accompanying injury so courts are hesitant to award damages for a loss that might never occur
Fear of disease is (often/rarely) successful for recovering after exposure
Rarely successful. Most courts deny recovery until the injury arises out of hesitanty to give awards for losses that may never occur
Medical monitoring is the (most/least) likley recovery method to be sucessful for exposure claims
The most likely to be successful, though it is sometimes limited for public policy reasons, as was the case for this against tobacco companies
Dillion v. Evanston Hospital
Damages were awarded for current injures and the risk of possible future issues, though they had not yet arise because the risk of the injury was more likely than not to occur
Petriello v. Kalman
If the risk is not substantial the plaintiff could sue with a similarly low reward
Lamping v. American Home Products, Inc.
Generally recovery is allowed for the cost of monitoring for a disease after exposure without preventing a future claim should it arise and require more treatment
In re Paoli Railroad Yard PCB Litigation
A cause of action for medical monitoring can be established by proving:
(1) Plaintiff was significantly exposed to a proven hazard substance through the negligence of the defendant
(2) As a proximate result, the plaintiff suffers a significantly increased risk of contracting a serious latent disease
(3) That increased risk makes periodic diagnostic medical testing necessary
(4) Monitoring and testing procedures exist which make early detection and treatment possible and beneficial
Minority rule
Caronia v. Philip Morris USA Inc.
NY decided to extend liability for testing expenses to a cigarette maker for policy reasons
(1) if allowed tens of millions of people could file similar suits
(2) it could take money way from those with physical injuries to those who never develop serious issues
(3) the system needed to supply funding would need to extremely complex
A dissent argued that it was important to allow testing before the disease develop to the serious point of needing more care
Mink v. University of Chicago
Simply having an enhanced risk of cancer because of exposure without physical injury is insufficient for a claim under the idea of pure risk
Simmons v. Pacor Inc.
The court adopted a two disease rule where a plaintiff could sue for their current illness related to asbestos while still being allowed to recover for a secondary illness if it arose
This falls under a special asbestos exception and does not expand
The “substantial factor” test can be used for X defendant(s)
2 or more since it accounts for the fact that one cause may play off the other while keeping all guilty parties accountable
