Checklist - 10/14/12 2:58 PM / 1

Claims Harm | Claim_1 (duty, causation, breach, defenses), ... Negligence: (1) duty; (2) breach; (3) causation; (4) harm. Medical malpractice: (1) medical duty; (2) medical breach; (3) causation; (4) harm. Dangerous activity: (1) duty; (2) ultra-hazardous activity; (3) causation; (4) harm. Products liability: (1) foreseeable customer; (2) defect; (3) causation; (4) harm. Public nuisance: (0) standing to sue; (2) unreasonable; (3) causation; (4) harm. Private nuisance: (0) standing to sue; (2) unreasonable; (3) causation; (4) interference with enjoyment of land. Battery: (1) voluntary act; (2) intent; (3) causation; (4) harmful or offensive contact. Assault: (1) voluntary act; (2) intent; (3) causation; (4) apprehension of imminent harmful or offensive contact. Duty Foreseeable zone of risk that poses general threat of harm. Special relationships: common carriers, invitors, employers, parents, landlords. Legislative intent. Eisel factors. Unborn children. Breach Per-se negligence: (1) unexcused; (2) violation causes; (3) type of accident; (4) type of victim. Statute establishes specic standard of conduct, fallback. Res ipsa loquitor: (1) kind of accident; (2) control; (3) no contributory; (4) info. Reasonable person: normal, child, physical disable, mental disabled, custom; emergency instruction (disfavored). Factual cause But-for. Multiple sufcient. Alternative liability: (1) all acted tortiously; (2) P denitely injured by one of them. Marketshare liability: (1) fungible; (2) design; (3) unable to identify; (4) market. Lost chance. Real harm from increased risk. Legal cause Directness. Foreseeability. Foreseeability of general type of harm. Substantial factor: (1) other factors: (2) continuous operation; (3) passage of time. Intervening causes. Intervening medical treatment. Defenses (Intentional) Consent: implied, express. Contributory negligence; last clear chance. Express assumption of risk: (1) public policy; (2) specic K specic, informed.

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Primary implied assumption of risk: statutory, negates duty. Secondary implied assumption of risk: (1) knew; (2) appreciated; (3) voluntary; (4) unreas? Failure to mitigate. Reasonable care to mitigate damages. Liability Concert of action. Joint & several liability. Several liability. Contributory negligence. Comparative negligence: pure, <, <=. Compare PL/B. Damages Discounting: offset present value, total offset. Insurance: bar double-recovery, subrogation rights in policy or by law. After death: survival, wrongful death statutes. General: pain & suffering (obj/subj), inconvenience, mental anguish, distress, hedonic. Special: past/future medical expenses, lost earnings, burial, property, services. Nominal.