When two or more tortious acts combine to create one indivisible injury
each defendant is jointly and severally liable
In a joint and several liability case the plaintiff
must demonstrate that the defendants jointly engaged in tortious activity
What is the doctrine of alternative liability?
Allows P to shift burden of proving causation to multiple Ds even if only one is responsible
When does the doctrine apply?
if the plaintiff can show all D’s owed a duty of care and all breached that duty
What duties does a landowner owe to a licensee?
- make safe any known, non obvious, dangerous conditions
- if the condition is so obvious that the licensee could have easily discovered it, then the landowner has not breached this duty
What are the prima facie elements of defamation
(1) defamatory language; (2) about the plaintiff; (3) published to a third party; and (4) damage to plaintiff’s reputation
What additional elements are required to make out a defamation claim concerning a public figure/ matter?
(1) falsity; and (2) fault
How is fault established in a defamation suit?
Actual malice: defendant knew the statement was false; OR had reckless disregard as to its truth or falsity
What are the elements to prevail on defamation of a private person involving matters of public concerns?
(1) defamation was false; (2) defendant was negligent; and (3) defendant’s negligence caused actual harm to the plaintiff
What is required to make a prima facie case for public disclosure of private facts?
(1) publication by Defendant of private information about the plaintiff; and (2) disclosure would be highly offensive to a reasonable person
What are the theories of product liability claims?
(1) negligence; (2) strict product liability; (3) intent; (4) express warranty breach; and (5) implied warranty breach
what are the elements of strict product liability claim?
(1) a commercial manufacturer; (2) producing/ selling a defective product; (3) actual and proximate cause; and (4) damages
A product that fails to include a feasible alternative that would prevent reasonably foreseeable injuries arising from ordinary use of the product
is defective
