Chapter III Duty

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Chapter III Duty
The prima facie case in negligence Duty Breach
Causation Damages
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Chapter III Duty Landowner Occupier

• The prima facie case in negligence
• Duty
• Landowner / occupier
• 1) For activities or conditions on the land
• 2) For failing to prevent harm by third parties
• Breach
• Causation
• Damages

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Chapter III Landowners Occupiers The Duty to
Prevent Criminal Acts

• When is there an obligation to take steps to
  prevent crime by a third party?
• 1) Which landowners / occupiers have a duty to
  prevent crime?
• 2) What triggers the obligation?
• Specific harm rule
• Prior, similar incidents rule
• Totality of the circumstances rule
• Balancing approach

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Chapter III Landowners Occupiers The Duty to
Prevent Criminal Acts
Problem Landowners and Occupiers (2) Would the
limited duty rule in Riss apply?
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Placing Riss in context
The prima facie case in negligence Duty Breach
Causation Damages The Defenses Contributory
negligence / comparative fault Immunities
sovereign / governmental immunity
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Chapter III DutyGovernmental Entities
Municipal and State Liability
Sovereign Immunity Federal Torts Claims Act --
p. 249 California Government Code Section 815
ff.
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Cal. Gov. Code 911.2.  Times for presentment of
claims    A claim relating to a cause of action
for death or for injury to person or to personal
property or growing crops shall be presented as
provided in Article 2 (commencing with Section
915) of this chapter not later than six months
after the accrual of the cause of action. A claim
relating to any other cause of action shall be
presented as provided in Article 2 (commencing
with Section 915) of this chapter not later than
one year after the accrual of the cause of
action.
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The prima facie case in negligence Duty
Riss Breach Causation Damages The
Defenses Contributory negligence / comparative
fault Immunities sovereign / governmental
immunity
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Chapter III Landowners Occupiers The Duty to
Prevent Criminal Acts
Problem Landowners and Occupiers (2) Would the
limited duty rule in Riss apply? Police assumed
duty direct communication reliance. Weiner
(subway, no duty to prevent assault) OR Lopez
(bus case, rejecting resource arguments
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Chapter III Duty Review Summary
The prima facie case in negligence Duty Is
there an obligation to use reasonable
care? Breach What does reasonable care
require? Causation Damages
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Chapter III Duty Review Summary
DUTY Is there an obligation to use reasonable
care? BREACH Under the circumstances, did the
actor behave reasonably?
Question of law, judge decides based on
precedent.
General
Question of fact, jury decides
Specific
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Chapter III Duty Review Summary

• Areas of no duty
• No duty to warn / rescue / protect another
  unless
• Special relationship to injured person
• Undertaking to aid
• Special relationship to person causing harm
• Created risk through
• Affirmative acts
• Negligent misrepresentation
• Negligent entrustment

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Chapter III Duty Review Summary

• Areas of limited duty
• Limited duties of utilities
• Car key cases / special circumstances test
• Limited duty in landowner cases
• For activities or artificial conditions
• For harm threatened by others (crimes on
  property)

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Chapter III Duty Review Summary
The broad themes Even though you had the
ability to prevent the foreseeable harm from
occurring by taking reasonable steps, you are not
liable, OR at least you are not liable to this
particular person Explicit invocation of
policy to justify limitations Tug of war between
judge and jury
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Chapter III Duty The Rowland test
We depart from this fundamental principle only
upon the balancing of a number of
considerations 1) foreseeability of harm to the
plaintiff 2) degree of certainty that the
plaintiff suffered injury 3) closeness of
connection between the defendants conduct and
the injury suffered 4) moral blame attached to
the defendants conduct 5) the policy of
preventing future harm 6) the extent of the
burden to the defendant and consequences to the
community of imposing a duty 7) the
availability, cost, and prevalence of insurance
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Chapter III Duty The Rowland test 1

• foreseeability Fudge
• certainty Coconut Ice Cream
• 3) closeness of connection Can
• 4) moral blame Melt
• 5) preventing future harm Prior
• 6) Burden 2 Being
• 7) insurance of Injested

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Chapter III Duty The Rowland test 2

• foreseeability For
• Degree of certainty Common
• 3) closeness of connection Colds
• 4) moral blame Many
• 5) preventing future harm People
• 6) Burden Buy
• 7) insurance of Ibuprofen

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Chapter III Duty The Rowland test 3

• foreseeability Fickle
• Degree of certainty Courts
• 3) closeness of connection Cause
• 4) moral blame My
• 5) preventing future harm Poor
• 6) Burden Brains
• 7) insurance of Insanity

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Chapter III Duty The Rowland test 4

• foreseeability Flowers
• Degree of certainty Delivered
• 3) closeness of connection Can
• 4) moral blame Make
• 5) preventing future harm Turbaned
• 6) Burden Transvestites
• 7) insurance of Titter

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Chapter III Duty The Rowland test 5

• Moral Blame Mob
• Burden Burn
• Insurance In
• 4) closeness of connection Close
• 5) Preventing Future Harm Farm
• 6) Foreseeability For
• 7) Certain Certain

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Chapter III Duty The Rowland test 5

• moral blame My
• foreseeability Flamboyant
• Degree of certainty College
• preventing future harm Professor
• insurance Imitates
• closeness of connection Cher
• Burden Beautifully