the mega tort
The
Process
DUTY • BREACH • DAMAGES
IDENTIFY
PLAINTIFFS
Identify all foreseeable plaintiffs
from the fact pattern
DUTY
Identify duty owed to
defendant
Consider:
Risk Creators and Variants
STANDARD
OF CARE
Analyze standard of care
assigned to plaintiff based
on duty:
Reasonable Person
Consider exceptions and
exceptions to those exceptions:
Children
Physically Disabled
Special Relationship
Statutory
Malpractice
BREACH
OF
DUTY
How were the defendant's
actions unreasonable?
Why was it unreasonable?
DAMAGES
BPL
USA
Negligence Per Se
Res Ipsa Loquitor
Professional Standard
Consider:
Physical Harm
Mental Harm
Zone of Danger
NIED
Pure Economic Loss
Eggshell Plaintiff
Vicarious Liability
DEFENSES
Immunity:
Government
(Public Duty Rule)
Charitable
Contributory Negligence