⚖️ Make Tort Law Click.⚖️
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🎧 EPISODE SUMMARY 🎧
Duties concerning land begin with possession and control. Under traditional rules, invitees receive reasonable care that includes inspection for discoverable hazards, licensees generally receive warnings of known concealed conditions and reasonable care in activities, and trespassers receive limited protection that increases when their presence is known or anticipated. Children may receive special protection from serious artificial conditions. Landlords can retain responsibility through control, concealed defects, negligent repairs, public use, or other recognized exceptions.
Negligent infliction of emotional distress is limited by jurisdiction-specific rules. Recovery may depend on impact or physical consequences, personal exposure within a zone of danger, contemporaneous perception of serious injury to a closely related person, or a direct duty aimed at emotional interests. Severe and genuine injury, duty, causation, and proof remain necessary; general foreseeability alone is not enough.
Respondeat superior can make an employer liable for an employee's tort within the scope of employment without proof of employer negligence. Worker classification focuses on practical control. Scope considers assigned work, time and place, service to the employer, enterprise risks, personal deviations, and the connection between intentional torts and job duties. Independent-contractor exceptions and direct employer negligence require separate analysis.
With multiple defendants, causal divisibility comes first. Comparative fault assigns responsibility, while joint, several, or modified liability determines collection. Contribution divides payment among parties with common liability; indemnity shifts the entire covered loss when a contract, vicarious relationship, or other recognized basis requires it. Settlements and insolvency must be handled under the governing allocation rule.
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