A landowner has a duty to avoid intentional injury to adult trespassers, licensees and invitees.

Jack and Jill are hunting pheasants on a hill. At the same time Miss Muffet is having a picnic in small clearing on the hill. A pheasant flies up and Jack and Jill both fire their shotguns. Miss Muffet is hit by pellets and blinded in one eye. It is impossible to determine whether the pellet that blinded Miss Muffet was fired by Jack or Jill. Assume that the hill is in a state with pure Joint and Several Liability. What are Miss Muffet’s options for recourse? What rights do Jack and Jill have with respect to each other?

In a contributory negligence jurisdiction if a defendant could have avoided the harm at the last minute but did not, then the defendant will be found liable to the plaintiff even though the plaintiff contributed to his own injury.

General damages include pain and suffering, emotional distress, loss of consortium and out-of pocket expenses.

Comparative negligence precludes recovery if the Plaintiff is partially responsible for her own injuries.

Compensatory damages include:

The Eggshell Plaintiff Theory protects a tortfeasor from liability if the plaintiff is particularly sensitive or susceptible to injury.

Actual cause is assessed by using one of two tests: the but-for test or the substantial factor test.

Aaron and his son are hit by a negligent driver while crossing the street. Aaron suffers only a concussion as a result. He is taken to the hospital via ambulance and placed under medical supervision for three days, during which he cannot work. Aaron’s 17 year old son is killed. What types of damages are available in this instance?

Explain the concept of Res Ipsa Loquiter and give a simple example in which it might apply?