PRL 101 slides, Oct. 15

CC-BY-SA

Transcript

1. Negligence creative commons licensed (BY-NC-ND) flickr photo by ageing accozzaglia: https://flic.kr/p/5iFq7p
2. Case? Frye v. Smith, 67 So.3d 882 (Ala., 2011)
3. Brief assignment • Issue? • "Whether employment as an officer of a corporation that sells goods in Alabama is a substantial connection that supports personal jurisdiction." • "Is the sale of goods in Alabama by a corporation such activity that would subject individual officers to the state's long-arm jurisdiction?" • Facts?
4. creative commons licensed (BY-NC-SA) flickr photo by fboosman: https://flic.kr/p/kYWp Damages
5. Purposes of tort law? • Compensate harm • Deter wrongful conduct
6. creative commons licensed (BY-NC) flickr photo by Jeremy Brooks: https://flic.kr/p/ChXgW
7. Gore v BWM  Limits on punitive damages:  Degree of reprehensibility  Ratio to actual harm  Comparison to criminal penalties
8. Negligence • Duty of care • Breach of duty • Damages • Causation • In fact • Proximate cc licensed ( BY ) flickr photo by
9. Res Ipsa Loquitur • Δ had exclusive control of situation • Injury ordinarily would not occur but for negligence creative commons licensed (BY-NC) flickr photo by jpeepz: https://flic.kr/p/wDmz
10. creative commons licensed (BY-SA) flickr photo by Ewan-M: https://flic.kr/p/5X5vH7 Good Samaritan Statutes protect those who render emergency aid from negligence liability
11. §6-5-332 Persons rendering emergency care • Doctors (& public education employees!), etc. • Emergency helicopter crew • Physician gratuitously advises medical personnel at the scene of an emergency episode by direct voice contact • Mine rescue planning and recovery operations • A person who without compensation renders emergency care to a person suffering from cardiac arrest • Licensed engineer, etc.
12. Dram Shop Act • § 6-5-71, • π must prove that the sale of alcohol: – was contrary to the provisions of law – was the cause of intoxication and – resulted in the plaintiff's injury. creative commons licensed (BY-NC-ND) flickr photo by Adam Kuban: https://flic.kr/p/4Fse53
13. Guest statute • In Ala. (§32-1-2): • The owner of a motor vehicle shall not be liable to injuries for a guest being transported for free except for willful and wanton conduct. Public domain image circa 1939, LOC: https://flic.kr/p/4jyfP7