Assumption of Risk in Sports

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Avila v. Citrus Community College District; Primary assumption of risk arises when as matter of law and policy defendant owes no duty to protect a plaintiff from particular harms; demurrer.

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apparent agency vicarious liability

Roessler v. Novak; a principal may be held liable for the acts of an agent if the principal permits the appearance of authority in the agent. Independent contractor.

economic loss rule

532 Madison Avenue Gourmet Foods, Inc. v. Finlandia Center, Inc.; adjoining landowners; purely economic losses; construction defects.

Driver's Duty to Passengers

Pipher v. Parsell; when the actions of a passenger that interfere with the driver's safe operation of his vehicle are foreseeable, the failure to prevent such conduct may be a breach of the driver's duty to other passengers or the public.

Security Guards May Pursue Fleeing Suspects

Peters v. Menard, Inc; A merchant and its agents are immune from liability for actions taken while attempting to detain a person, including off-premises pursuit of that person, if reasonable cause to believe person violated the shoplifting law.

Superceding Cause of Injury

Delaney v. Reynolds; When an intervening occurrence was foreseeable, the causal chain of events remains intact and the defendant's original negligence remains a proximate cause of the plaintiff's injury; intervening cause; superseding cause.

Workers' Compensation Specific Intent

Rainer v. Union Carbide Corp. An employer acts with deliberate intention, so the employee's injury is excepted from workers' compensation exclusivity, only when it determines to injure an employee and uses some means appropriate to that end.

Duty Based on Public Policy

Diaz v. Phoenix Lubrication Service, Inc.; an actor whose conduct has not created a risk of physical harm to another has no duty of care to the other unless there is some other affirmative basis for the existence of a duty.

New Damages Trial

Dillon v. Frazer; new damages trial if verdict is so grossly inadequate or excessive as to shock the conscience and clearly indicates passion, caprice, prejudice, partiality, corruption, or some other improper motive.

Market Share Liability Theory

Hymowitz v. Eli Lilly & Co.; Under the market share liability theory, liability will be apportioned to each defendant according to its share of the market for the product giving rise to the plaintiff's injuries.

Substantial Factor Test for Causation

Lasley v. Combined Transport, Inc.; factual cause exists if someone examining the event without regard to legal consequences would conclude that the allegedly faulty conduct or condition in fact played a role in its occurrence.

Implied Preemption

Vreeland v. Ferrer; if federal law does not expressly preempt state law, preemption may be inferred only if scheme of federal regulation is sufficiently comprehensive to reasonably infer Congress left no room for supplementary state regulation.

Landlord Duty to Tenants

Ward v. Inishmaan Assocs. Ltd. Partnership; Generally speaking, landlords have no duty to protect tenants from criminal attack by third parties.

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Assumption of Risk in Sports

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