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Home > Case Law > Torts  >  Child Liability in Tort
Child Liability in Tort
Child Liability in Tort Cartoons

Child Liability in Tort

Van Camp v. McAfoos; A child cannot be held liable in tort without some allegation of negligence or wrongful conduct on his or her part.
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economic loss rule
economic loss rule
532 Madison Avenue Gourmet Foods, Inc. v. Finlandia Center, Inc.; adjoining landowners; purely economic losses; construction defects.
Violation of Statute May Be Negligence Per Se
Violation of Statute May Be Negligence Per Se
O'Guin v. Bingham County; to replace a common law duty of care with a duty of care from a statute or regulation, the statute or regulation must clearly define the required standard of conduct, be intended to prevent the same type of harm.
Premises Liability Waiver Agreement
Premises Liability Waiver Agreement
Dalury v. S-K-I Ltd. An exculpatory agreement requiring skiers to release a ski resort operator from liability for injuries sustained on the property is void as contrary to public policy.
Proximate Cause Only If Foreseeable
Proximate Cause Only If Foreseeable
Hebert v. Enos. Summary judgment is appropriate if the plaintiff's injuries were not a foreseeable result of the defendant's negligence.
Federal Tort Claims Act
Federal Tort Claims Act
United States v. Olsen. The Federal Tort Claims Act authorizes civil actions against the United States under circumstances in which a private person would be liable under the law of the place where the act or omission occurred.
Res Ipsa Loquitur in Med Mal
Res Ipsa Loquitur in Med Mal
Sides v. St. Anthony's Medical Center. A plaintiff in a medical malpractice case can use res ipsa loquitur theory where the plaintiff offers a medical expert's opinion that the injury would not have occurred in the absence of negligence by the defendant.
NTMVSA
NTMVSA
Doomes v. Best Transit Corp.; the National Traffic and Motor Vehicle Safety Act includes a savings clause stating that compliance with a motor vehicle safety standard does not exempt liability at common law. Premeption Doctrine.
No Duty to Assist
No Duty to Assist
Estate of Cilley v. Lane; Maine law does not impose a general obligation to protect others from harm not created by the actor.
Discovery Rule
Discovery Rule
Lincoln Electric Co. v. McLemore; A plaintiff's cause of action accrues at the point at which he discovered, or by reasonable diligence should have discovered, the injury. Statute of limitations.
Intervening Acts
Intervening Acts
Marcus v. Staubs; a tortfeasor whose negligence is a substantial factor in bringing about injuries is not relieved from liability by the intervening acts of third persons if those acts were reasonably foreseeable by the original tortfeasor.
Intervening Cause
Intervening Cause
Pohl v. County of Furnas; an intervening cause cuts off a tortfeasor's liability only when it is not foreseeable; tthe new and independent conduct of a third person is itself the proximate cause of the injury and breaks the causal connection.
Online Writings are Defamatory
Online Writings are Defamatory
Varian Medical Systems, Inc. v. Delfino; written defamatory communications published by means of the Internet are properly characterized as libel, not slander. No prior restraint.