See the reasoning in Meneely v. S.R. Smith, Inc., 101 Wn. App. 845, 5 P.3d 49 (2000).
Below are a list of summaries of a conference on the Restatement Third of Torts. This is a form of private lawmaking. If a defendant is harmed by one of these guidelines, they should discuss filing cross claims against the American Law Institute, its officers, its members, and their employers. It should also be researched if republishers of these harmful guidelines may also get named. Professor Sheila B. Scheuerman, Associate Professor of Law, Charleston School of Law reprints and links to them without criticism. Perhaps, she endorses these views. The TortsProf Blog is a partisan, biased, pro-lawyer rent seeking blog.
Land Possessor Liability.
Intentional and Strict Liability.
Risk Creation and Foreseeability.
As to physician duties to third parties. I want to organize a conference where doctors discuss changing the parameters of attorney-client privilege. There are lots of health implications to attorney-client privilege. Lawyers hang out with criminals. They learn of past crimes, facts of ongoing investigations, and of intended future crimes. Attorney-client privilege covers up the truth and is detrimental to the public health. Any of you arrogant dirtbags have a problem ending attorney-client privilege for any public health advantage?
In the case of violent, irresponsible drug addicts, it is a federal crime to reveal a fact without getting a court order. No mention of federal law by the rent seeking dirtbags. One guess. Which privilege has been considered to be more absolute? Client-lawyer or patient-doctor, and by the Supreme Court, and repeatedly having the privilege prevail over even statute, in accordance with the Ninth Amendment?
Negligent Infliction of Emotional Distress.
The ultimate causation is the Big Bang. After that, there is chaos and random chance. There are no causes anymore.
In the past 50 years, accidents have come to be seen as the result of a convergence of factors into one place, time and set of people, around 12 for many catastrophic ones. If one of these is prevented, the entire accident may not happen. So subtract any of these factors, and there may be no car crash, rain, bad wipers, sleepy driver, corner cutting in road construction due to politician and inspector bribery 50 years ago, curve too sharp by modern standards, on a road built in the 1920's with county lack of funds to rebuild due to poor tax base, due to closing of plant after lawyers in a Southern state with an all minority jury sued the owners for causing an injury to a drunken ladder climber, hungry deer, brakes due for service, poor education and low wage of defendant, so car is old and does not have 12 air bags. Subtract one and there is no accident at that time to that plaintiff.
The main cause of the plunder of the productive party with deep pockets is the forbearance of the criminal cult enterprise hierarchy, represented by the ALI. The main cause of this forbearance is the enrichment of the members of this criminal cult enterprise. It has nothing to do with Causation. As the above professor said, there is no such fact as a cause. It is a made up pretext for the purpose of lawyer rent seeking.
2 years ago