Family Car Doctrine

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Malchose v. Kalfell; The family car doctrine imposes liability on a vehicle owner for negligent operation of that vehicle with the owner's express or implied consent, for purposes of the business or pleasure of the owner's family; negligent entrustment.

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Immunity Statutes and Damages Limits Cannot Deny Meaningful Remedy

Clarke v. Oregon Health Sciences University; The Remedy Clause of the Oregon Constitution provides that, although the legislature may change a remedy or procedure, it cannot deny a remedy entirely.

The Medical Devise Amendments Prempt State Law

Riegel v. Medtronic, Inc.; The Medical Device Amendments preempt state requirements that are different from, or in addition to, any requirements applicable to a medical device under federal law; preemption.

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.

Proximate Cause in Negligence Action

Hale v. Ostrow; negligence claim requires proof by preponderance of evidence of both causation in fact and proximate causation; both generally involve questions of fact for jury unless uncontroverted facts or all reasonable inferences; but-for-cause.

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.

Chain Of Causation

Virden v. Betts and Beer Constr. Co.. Defendant's conduct is the proximate cause of a plaintiff's injury only if injury would not have occurred but for the defendant's conduct and was a substantial factor. But-for cause; substantial factor test.

National Childhood Vaccine Injury Act

Pafford v. Secretary of Health & Human Servs. Under the National Childhood Vaccine Injury Act, a plaintiff may demonstrate causation only by proving that a vaccine was both a but-for cause and a substantial factor in causing her injury.

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.

Contract of Adhesion

Hanks v. Powder Ridge Restaurant Corp. The law disfavors contracts that relieve a person from his own negligence. An agreement violates public policy if it adversely affects the public interest. Liability waiver.

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.

Shopkeeper's Privilege

Gortarez v. Smitty's Super Valu, Inc.; A merchant with reasonable cause may detain in a reasonable manner and for a reasonable time any person suspected of shoplifting for questioning or summoning a law enforcement officer.

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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Family Car Doctrine

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