Key Terms
Definition
Legal framework addressing situations where products cause injury.
Protected interest
The right to travel and move freely.
Requires
Actual and present confinement.
Four elements to prove
1. A contract exists between the plaintiff and a third party 2.
General rule
People may act freely as long as they don't harm others. Strangers generally don't owe each other a duty unless a specia
Fiduciary duty
A heightened duty to act with utmost faith, trust, and candor. Applies to doctors, lawyers, accountants, and corporate o
Effect
Burden shifts to the defendant to prove they did NOT cause the harm.
Example
A customer slips on ice in a parking lot and breaks a leg. The ambulance transporting them is hit by another car and the
Common applications
Traffic violations, dog bite statutes
Test
But for the defendant's action (or inaction), would the plaintiff have been injured?
Key rule
Plaintiff can only assume KNOWN risks.
Open and obvious doctrine
If a hazard is plainly visible (with warning signs posted), a plaintiff who ignores it and gets hurt loses the negligenc