Torts Flashcards
Negligence
To establish negligence, the plaintiff must show that the defendant owed the plaintiff a duty of care, that there was a breach of that duty, that the breach was the actual and legal cause of plaintiff’s injury, and that plaintiff suffered damages.
Strict Products Liability > Absence of Warnings
A product may be considered dangerously defective when it is accompanied by an inadequate morning. In New York, a manufacturer is not responsible for injuries resulting from foreseeable substantial alterations or modifications of the product by a third-party that render the product effective or otherwise and safe. If, however, a product is purposefully manufactured to permit it’s use without a safety feature, a plaintiff may recover for injuries suffered as result of removing the safety feature.
Manufacturer may be responsible for injuries arising from a failure to warn of the consequences of foreseeable substantial alterations or modifications of her product by a third-party that render the product effective or otherwise unsafe.
Workers Compensation Law > Employer liability
Workers Compensation Law requires every employer to provide compensation to employees for disability or death resulting from an accidental injury that occurred in the course of the employees employment.
The liability of the employer under the the WCL exclusive and precludes any other liability as result of covered injuries.
Moreover, it limits the workers rights to seek damages in tort against an employer.
In addition, an employer is not liable and contribution or indemnity to a third-party based on liability for employees covered injury, unless there was a great injury, which includes death or amputation.
Strict Liability > In General
Strict liability is imposed where a product in defective condition is unreasonably dangerous.
Strict Liability > Design Defect
A design defect occurs when a product is designed as intended but still presents a danger of personal injury or property damage.
The plaintiff my show:
(1) that defendant owed a strict duty of care because it sold or manufacture the product;
(2) the product was unreasonably dangerous for ordinary use, the user would not recognize the danger, and their alternative designs, and that the danger were known, a reasonable manufacturer would not have placed it into the stream of commerce; and
(3) the plaintiff did not alter the product from the form it was and when it was in the defendants custody, and it was being used in the foreseeable manner.
A manufacturer may be responsible for the failure to warn of the consequences of foreseeable substantial alterations made by a third-party that render the product effective and design or unsafe.
Defamation > Defenses > Qualifies Privilege
Qualified privilege is a defense defamation where the defendant speech served a socially useful purpose.
The defendant must be speaking in good faith.
The defendant statement must not be intentionally false or reckless.
It is an affirmative defense that must be raised in the answer or pre-answer motion or it is deemed waived.
Defamation
Defamation exists where false statement is published to a third-party without privilege or authorization and with fault amounting to at least negligence that caused special harm or defamation per se. Slander is a spoken form of defamation.
A plaintiff asserting a defamation claim can seek actual and punitive damages where the defendant acted with malice.
