• Eggshell Plaintiff Rule [EXTENT of HARM]
- ∆ liable for full extent of harm
• R2d of T §461
• Precipitating factor
brings out preexisting mental illness - ∆ may be liable
- schizo car accident
o BUT -- Existence of prior condition
o No eggshell π
Secondary Harm (intervening actor not enough)
if hospital/ambulance is negl. & aggravates injuries → recovery from orig tortfeasor whose negl was prox cause of all the subsequent injuries.
ambulance driver dies & kills V but TF who originally caused harm that put V in ambulance still liable. Ambulance trip = necessary step that does not break the causal chain
- π worked in munitions plant; suffered heart problems from negl being exposed to nitroglycerne → debilitating hypochondria; π's condition medical advice after exposure is prox cause but plant still liable.
• Take V as you find them
→ extends to take the V as w/ everything that happens to him after.
• Chain could be broken by intervening actor if
carelessness → ex. Ambulance driver is speeding.
LIABILITY For UNEXPECTED HARM - TYPE OF HARM CASES.
• Polemis Rule
- ∆ liable direct consequences of negl - foreseeability irrelevant (Kinsman seems to follow)
• Wagon Mound Rule
∆ only responsible for probable & foreseeable consequences of negl. act, for types of harm he could have reasonably foreseen.
• Calabresi Test
- Even if ∆ was cause in fact negl. ("but for" cause of the injury), no liability ensues unless ∆'s wrong ↑ chance of harm occurring in general (not really discussed in class)
Superseding Causes: If foreseeable
intervening acts precipitate injury, ∆ originally negli liable
• (Hines v Garret)
- miss train stop & rape - UNLESS reckless, grossly negligent intervening act → then original ∆ is shielded from liability.
• SCOPE OF THE RISK Doctrine (Doe)
bushes - intervening cause breaks chain - Totally unforeseeable →not in scope of risk of D's negl.
• No Relationship
No Duty, - ∆ only owes a duty of care/is liable for damages to a л whom ∆ reasonably foresees as being in the zone of danger
- firecrackers in NY train station) -∆ only owes a duty of care/is liable for damages to a л whom ∆ reasonably foresees as being in the zone of danger
If ∆'s negl injures л, & then rescuer is injured, ∆ liable. Rescuer is foreseeable expected victim so Palsgraf does not apply. (Wagnre)
• Passage of Time
(applied in superseding causes too) - makes it increasingly unlikely that ∆ will be held liable for consequences of harm, LIKE unexpected V down the road
- hit by car & shooter 7yr later
kid grabs wire & electrocuted but would have died from fall anyway ↓ electric co liability