Torts Essay Specific

Question 1

Is a release of liability for negligence valid in MI?

Answer 1

Yes, if it is fairly and knowingly made.

Question 2

Is a release waiver for liability of gross negligence or intentional torts allowed in MI?

Answer 2

Determine on the facts, but more problematic than a release for general negligence

Question 3

standard of care for invitees?

Answer 3

reasonable care

Question 4

What is the special aspects in regard to the open and obvious argument?

Answer 4

There is no duty to protect an invitee from open and obvious danger unless it has special aspects.

Special aspects would be characteristics that make the danger extremely difficult to avoid, like a puddle of water located in a position that required an invitee to traverse it to leave a building.

Question 5

Doctrine of negligence per se

Answer 5

The defendant violated a statute.
The statute in question is a safety statute.
The defendant's acts caused the type of harm that the statute was intended to prevent.
The plaintiff was a member of the class that the statute protected.

Question 6

Is a release for a hospital from negligence liability enforceable?

Answer 6

No, due to public policy

Question 7

burden of proof for proximate cause in a medical malpractice case:

Answer 7

recovery is permitted only when the initial opportunity to survive before the alleged malpractice was greater than 50 percent.

Question 8

How does a party establish entitlement to workers compensation benefits:

Answer 8

suffered “a personal injury arising out of and in the course of employment.”

Question 9

When do mental illnesses entitle a P to workers compensation:

Answer 9

Only if:

1. the employment contributes to, aggravates, or accelerates the condition “in a significant manner.”
2. arise “out of actual events of employment, not unfounded perceptions thereof.”

Question 10

2 elements for an employee to satisfy the mental disabilities required for workers compensation:

Answer 10

1. actual employment event that led to the claimed mental disability and
2. the claimants perception of the employment event was grounded in fact or reality, not delusion.

In analyzing the claimant’s perception, the magistrate must apply an objective standard to the employment event and determine how a reasonable person would have perceived the event under like circumstances.

Question 11

Standard for a automobile accident and employment:

Answer 11

Recognized by statute in MI.

requires an injury “arising out of and in the course of” employment.