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Home > Case Law > Torts  >  Open and Obvious Doctrine
Open and Obvious Doctrine
Open and Obvious Doctrine Cartoons

Open and Obvious Doctrine

Kentucky River Medical Center v. McIntosh; a possessor of land is not liable to invitees for physical harm caused by an activity or condition whose danger is known or obvious, unless should have anticipated despite knowledge or obviousness.
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res ipsa loquitur
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Standard Negligency Jury Instruction
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Bjorndal v. Weitman; person negligent if person fails exercise reasonable care measured by what reasonable person acting with ordinary prudence would do under the same or similar circumstances including emergencies.
Workers' Compensation Injury Requirements
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Wait v. Traveler's Indemnity Co. of Illinois; to recover under Tennessee Workers' Compensation Act, injury must both arise out of and occur in the course of an employee's employment.
Chain Of Causation
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.
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Doe a/k/a Twist v. TCI Cablevision The First Amendment protects the defendant's expressive speech against a plaintiff's right of publicity claim if newsworthy, but not if for profit.
Res Ipsa Loquitur in Med Mal
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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.
New Damages Trial
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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.
Abnormally Dangerous Activity
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Dyer v. Maine Drilling & Blasting, Inc.; an abnormally dangerous activity is subject to liability for harm to the person, land, or chattels of another from the activity, even if has exercised the utmost care to prevent the harm. Strict Liability.
Discovery Rule
Discovery Rule
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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.
Sudden Emergency Doctrine
Sudden Emergency Doctrine
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Market Share Liability Rule
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