Types of Torts, Exercises of Health sciences

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Types of Torts

Trespass

Assault

Battery

Negligence

Products liability

Malpractice

Intentional infliction of emotional distress Defamation Invasion of privacy Nuisance

Forms of Liability

Fault Liability

(Activities involving ordinary risk)

Intentional Reckless Negligent

Strict Liability

(Necessarily hazardous activities)

Causation

Cause in Fact

The actual cause - “but for” X, the

injury wouldn’t have occurred

Proximate Cause

The legal reason for liability, it places

conditions on which forms of

causation create liability

Engaging in Risky Behavior

Assumption of Risk

Because plaintiff engaged in risky activity, that plaintiff voluntarily and knowingly assumed the risks inherent in the activity

Consent

A formal version of assumption of risk, such as found on a lift ticket

Holden v. Wal-Mart Stores , 525

Holden, who had prior leg problems, stepped into an alleged pothole in a Wal-Mart parking lot

Following the Wal-Mart accident, Holden underwent knee surgery, costing her $25,

Jury finds Holden 40% responsible, Wal-Mart 60% responsible