Neg: Scope of Liability

Question 1

What is the Direct Consequences Test?

Answer 1

• it doesn’t matter if accident was unforeseeable, as long as harm was foreseeable
• once breach is established, D is liable for all consequential damage; only intervening forces cut off liability

Question 2

What is the Foresight Test?

Answer 2

1) Was the P arguably unforeseeable?
2) Were the consequences arguably unforeseeable?
3) Was there arguably intervening conduct?
* answering “yes” to any of these=analyze whether to cut off liability

Question 3

evaluate unforeseeable plaintiff in Palsgraf v. Long Island RR (fireworks in packages exploded)

Answer 3

• D owes duty of care to those in the reasonably foreseeable zone of danger
• duty that’s owed is determined from risk that can be reasonably foreseen

Question 4

evaluate unforeseeable consequences in Hyatt Hotel (P had collapsed lung after evacuating from fire alarm)

Answer 4

harm was foreseeable from requiring Ps to evacuate down several flights of stairs

Question 5

evaluate intervening forces in McClenahan v. Cooley (owner left keys in his car, which was stolen and chased by cops, causing an accident)

Answer 5

• if 3rd party’s criminal conduct (stealing the car) is foreseeable, and the harm (car accident from police chase) is foreseeable, then the criminal conduct doesn’t absolve D’s liability
• often policy determines whether intervening force cuts off liability

Question 6

evaluate shifting responsibility in McLaughlin v. Mine Safety Appliances (fireman gave hot packs to nurse without instructions; nurse used them improperly and injured kid)

Answer 6

3rd party’s (nurse) negligence was so gross, it superseded negligence of fireman; 3rd party had actual knowledge of risks/uses (could have read instructions)

Question 7

What is the Medical Malpractice Complications Rule?

Answer 7

• medical malpractice isn’t an intervening cause to harm that relieves D of liability
• D has burden of proving medical malpractice, not P

Question 8

What is the Eggshell Plaintiff Rule?

Answer 8

a negligent actor is subject to liability for harm even if P had a physical condition that was unknown to D and D made it worse

Question 9

What is the Rescuer Rule?

Answer 9

D is liable for injuries to a rescuer helping a person endangered by D’s negligent conduct