Tort Liability of Occupiers of Land: Duties Owed to Trespassers

Tort Duties of Landowners: A Positive Theory

One of the most controversial areas of modern tort law is that of the duty of landowners toward people who visit their land. The common law divided land visitors into three types: invitees, licensees, and trespassers. The highest duty of care was owed to the invitee and the lowest to the trespasser. The distinctions led courts to hand down harsh decisions and to draw formal lines between the ca...

Health care workers with AIDS: duties, rights, and potential tort liability.

Who Pays for Tort Liability Claims? An Economic Analysis of the U.S. Tort Liability System

Limiting Tort Liability for Medical Malpractice

The past few years have seen a sharp increase in premiums for medical malpractice liability insurance, which health care professionals buy to protect themselves from the costs of being sued (see Figure 1 on page 2). On average, premiums for all physicians nationwide rose by 15 percent between 2000 and 2002—nearly twice as fast as total health care spending per person. The increases during that ...

Attractive Nuisance: a More Flexible Approach

'RESTATEMENT, ToRTS §§ 334-339 (1934)'Id. § 333. 'Sioux City & Pac. R.R. v. Stout, 84 U.S. (17 Wall.) 657 (873), was the first case to articulate the doctrine in this country, although the Court cited two, Connecticut cases, Birge v. Gardiner, 19 Conn. 507 (1849) and Daley v. Norwich & W.R.R., 26 Conn. 591 (1858), and Lynch v. Nurdin, I QB. 29, 113 Eng. Rep. 1o41 (141), as "authorities" for its...