LAW 122 Lecture Notes - Lecture 4: No Liability, Pharmaceutical Industry, Arsenic Poisoning
23 Aug 2016
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Would reasonable person have foreseen risk of loss? . You live in toronto and you own a business and you do not shovel or ice the sidewalk after a snow storm. You lived in florida your whole life and there is a snowfall but you don"t usually deal with snow falls. Unfair to hold defendant liable for every loss i. e. snow fall in florida. Impossible to prevent unforeseeable event i. e. a patient dies due to unforeseeable illness the doctor would not be held liable. However, if the patient dies after the doctor misses something the doctor will be held responsible; can be sued for negligence. Unfair to deny liability for subjective deficiencies i. e. an individual masks as a doctor but does not know how to treat the patient this is not a good defense. Physical (i. e. contactor and his/her tools built a floor that feel through; physical proximity)
