Basic Tort Law: Cases, Statutes and Problems [Connected Casebook] (Aspen Casebook)
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The Fourth Edition of Basic Tort Law reinforces the strengths of earlier editions, including an emphasis on contemporary cases, solid attention to the Torts Restatements, and ample examples of statutes to reflect the growing role of legislatures in the field of torts. It includes additional up-to-date cases on topics such as the Supreme Court’s latest treatment of preemption in the products liability context and the primary assumption of risk doctrine, applied to spectators in a baseball stadium, reviewing recent pro-plaintiff developments in that setting. To clarify the significance of particular rules for slip and fall cases, natural accumulations, and injuries inflicted by third-party criminals, the material on special elaborations of duties to legal land entrants has been reorganized.
Modern cases with interesting facts:
- Sending a text to a driver: Does the sender owe a duty of care to someone injured in a vehicular accident caused in part by the text recipient’s texting while driving?
- World Trade Center bombing litigation: Applying the governmental/proprietary distinction to very large real estate operations by a public entity.
- Superstores and customer injuries: Whether abandoning the trespasser-licensee-invitee system should prevent application of the open and obvious danger rule when a customer was harmed by a large Costco merchandise display.
- Direct-to-consumer drug advertising: Applying the learned intermediary doctrine to drugs that are promoted directly to potential patients.
- Continuing the book’s substantial treatment of statutes, all statutes are current as of the end of 2013 and some new ones have been added.
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