PLA 3277 Lecture Notes - Lecture 6: Jury Instructions, Eggshell Skull, Market Share Liability
23 Aug 2016
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Concurrent causes- events that combine to cause plaintiffs" harm: either one of them alone could cause the harm without any contribution from the other. Test determines who should be excluded from liability. Market share liability, all of the manufactures were liable, based on their market share liability. Contrast with direct causation elements of proximate cause. Held that the violation of a duty, which caused a violation of cause of event, gives a duty to those who were hurt. Time and distance are entities that can prevent liability, even in andrews. Eggshell skull- defendant must take plaintiff as he finds him. Defendant is liable for harm occuring in an unforeseen manner if harm is of the same general type that made defendant"s conduct neg. Def is liable if the plaintiff member of class to which there is general foreseeability of harm even if the plaintiff was not particularly foreseeable.
