Negligence 6

Question 1

Joint and several liability

Answer 1

P can recover damages from either or all D’s; D may sue another for contribution (substantial factor test)

Question 2

Alternative causes (multiple acts)

Answer 2

where there are multiple acts, only one of which causes injury but is unknown, each D must show (BURDEN) that his negligence is not the actual cause

Question 3

Proximate cause overarching rule

Answer 3

D is liable for harmful results caused by his acts if they were foreseeable (in any manner for any harm–see eggshell plaintiff rule)

Question 4

Things that impact proximate cause (3)

Answer 4

1. superseding cause
2. foreseeable intervening cause
3. eggshell plaintiff rule

Question 5

Proximate cause: superseding cause

Answer 5

• an unforeseeable, intervening cause that breaks the chain of causation and becomes the proximate cause.
• the more intentional the intervening cause, the more likely it is superseding.
• BUT, if P should have realized the risk, he may still be liable for intentional 3p acts

Question 6

Proximate cause: foreseeable intervening causes (4)

Answer 6

1. subsequent medical malpractice
2. negligent rescuer
3. subsequent diseases caused by weakened condition
4. subsequent accident substantially caused by injury

Question 7

Eggshell plaintiff rule (2)

Answer 7

1. D takes P as he finds him, AND
2. D is liable even if extent of damages unforeseeable

Question 8

Causation: what to do if multiple actors are proximate causes for an indivisible injury?

Answer 8

Use joint and several liability

Question 9

What kinds of damages is P entitled to? (4)

Answer 9

1. economic damages (e.g., medical expenses)
2. noneconomic damages (e.g., pain, emotional distress)
3. punitive damages (IF D conduct is reckless or malicious)
4. property damage (reasonable repair cost or FMV)

Question 10

What kind of damages is P not entitled to? (2)

Answer 10

1. pure economic harm (loss of income), EXCEPT in NIED
2. attorney fees