This is the old version of the H2O platform and is now read-only. This means you can view content but cannot create content. You can access the new platform at https://opencasebook.org. Thank you.
Edit playlist item notes below to have a mix of public & private notes, or:MAKE ALL NOTES PUBLIC (2/2 playlist item notes are public) MAKE ALL NOTES PRIVATE (0/2 playlist item notes are private)
|1||Show/Hide More||XII.Supp.A. Supplemental Cases and Materials for XII.A.|
|1.1||Show/Hide More||Conboy v. Mogeloff|
A mother falls asleep at the wheel after taking medication prescribed by her doctor. Her children are injured in a subsequent car accident. Prior to the accident, the doctor had told her that she could drive after taking the medication, despite him knowing the drug was a sedative.
Should giving advice to others be regarded as equivalent to control over them? Should courts expect individuals to control the actions of others, even if they lack the ability to do so?
|1.2||Show/Hide More||Kline v. 1500 Massachusetts Avenue Apartment Corp.|
Kline was seriously injured when she was assaulted and robbed in the hallway of the apartment building where she lived. The incident occurred two months after another female tenant was attacked in the same hallway. Kline sued the landlord, alleging it had a duty to protect tenants from foreseeable harm by third parties on the premises.
Should landlords have a duty to keep the common areas of their premises safe?
|1.3||Show/Hide More||Jacobsma v. Goldberg's Fashion Forum|
Plaintiff tried to restrain a fleeing shoplifter after a store manager yelled “Stop thief”, and pointed in the plaintiff’s direction. The plaintiff suffered a dislocated shoulder while struggling with the shoplifter, who ultimately escaped. The shoplifter had attempted to steal from the store three days earlier. However, the store did not attempt to increase security measures between the two incidents. A lawsuit was filed against the store to recover plaintiff’s medical bills and lost earnings due to his injury.
If a customer is hurt while trying to assist the employees of a store, should the store compensate him for his injuries? This case also illustrates what kind of knowledge charges a property owner with the responsibility to protect its invitees from criminal acts. The court also touches upon whether an invitee’s voluntary conduct can alter his or her invitee status, and thereby change the duty owed by the owner.
|1.4||Show/Hide More||Hegel v. Lansam|
A seventeen-year-old college student enrolls in university and becomes involved with criminals and drugs. State law required the university to maintain “law and order” on campus, and made it a crime to “contribute to the delinquency of a child”.
Do institutions like universities have a duty to regulate the private lives of their students?
|1.5||Show/Hide More||J.S. and M.S. v. R.T.H.|
Plaintiffs’ children were sexually abused by a neighbor for more than a year. The plaintiffs sue the neighbor’s wife, based on the argument that if she had suspected or should have suspected the abuse, she owed a duty of care to prevent it.
In this case, the court debates whether a spouse has a duty to prevent his or her partner’s abuse of children, based solely on suspicion of abuse, or circumstances which should have led to that suspicion. To settle the debate, the court engages in a complex analysis that weighs and balances several, related factors.
|1.6||Show/Hide More||Brosnahan v. Western Air Lines|
Defendant airlines failed to supervise and assist a passenger stowing his carry-on luggage in an overhead compartment. Consequently, the passenger dropped his bag on plaintiff’s head.
Some courts hold that defendants will not be liable if their negligence merely creates a “condition” which makes it possible for an accident to occur. In this case, the court considers this distinction against the backdrop of the special relationship between the airlines and its passengers.
|2||Show/Hide More||XII.Supp.B. Supplemental Cases and Materials for XII.B.|
|2.1||Show/Hide More||Cuppy v. Bunch--"The Guidance for Drunk Friends Case"|
September 12, 2015
Harvard Law School, Berkman Center
This is the old version of the H2O platform and is now read-only. This means you can view content but cannot create content. If you would like access to the new version of the H2O platform and have not already been contacted by a member of our team, please contact us at firstname.lastname@example.org. Thank you.