Torts

Question 1

Michigan Statutory Liability for Dogs

Answer 1

Dog bites on public property, without provocation, impose strict liability.

Dog bites on public property WITH provocation do not impose strict liability.

Propensity of the dog or history of dog bites are irrelevant.

Question 2

Michigan Common Law Liability for Dogs

Answer 2

A victim of a dog bite has a common law claim for negligence if the dog owner fails to exercise the due care of a reasonable dog owner in those particular circumstances.

Knowledge of the dog’s behavior and propensity may be considered in the due care analysis.

Question 3

City/Municipality Immunity for Tort Claims

Answer 3

Immunity is proper if:

1. Governmental entity
2. engaged in a governmental function

Statutory exceptions are very narrowly construed, and immunity is broadly granted.

Question 4

Defamation

Answer 4

1. statements are of or concerning the plaintiff
2. statements are published to a third party who understands the defamatory nature
3. the statements damage the plaintiff’s reputation
4. statements are false

Question 5

Abnormally dangerous activities

Answer 5

1. create a forseeable and highly significant risk of physical harm despite level of care
2. activity is not commonly engaged in

Abnormally dangerous activities impose strict liability for harm that actually occurs from the risk that makes the activity dangerous.

E.g. losing fingers from blast when blasting - SL

E.g. Breaking foot by dropping TNT on foot when blasting - regular negligence

Question 6

Landowner Duties (Trespassers)

Answer 6

Discovered/Anticipated trespassers are owed the duty to protect from concealed, dangerous, artificial conditions.

Undiscovered trespassers - duty not to engage in willful, wanton, or intentional misconduct

Question 7

Landowner Duties (Invitees)

Answer 7

Duty to conduct reasonable inspections of the land.

Question 8

False Imprisonment

Answer 8

1. intending to confine/restrain the plaintiff
2. directly or indirectly resulting in confinement
3. plaintiff is EITHER conscious of the confinement OR harmed by it

No nominal damages if the plaintiff is unaware and unharmed.