Minimizing the Sum Costs of Accidents and the Costs of Prevention

The aim of tort law is to minimize the sum of the costs of accidents and the costs of avoiding them. This is to be accomplished in part by creating a system of incentives adequate to induce individuals to invest appropriately in determining what the optimal precautions are and to take them.

Doctrines used in the name of economic cost control to kill injury reimbursement to the injured

contributory negligence : Usually, contributory negligence is issue of fact; it becomes question of law only when evidence is of such character as to support no other legitimate inference. How involved where you in causing your own harm. how much should your recovery be reduced by your negligence.

Obvious danger rule survives adoption of comparative negligence statutes.

Obvious danger rule is inapplicable where liability is predicated upon acts other than failure to provide adequate warning of dangerous condition. Even where danger is obvious, defendant may be negligent in having created peril or in subjecting plaintiff to peril. Obvious danger rule is inapplicable where liability is predicated upon acts other than failure to provide adequate warning of dangerous condition. if a pedestrian is "forced" into the area of the danger as a result of the way the defendant had arranged the premises. Dependent may have breached its duty of reasonable care by directing pedestrian traffic over a grate containing retracted tire danger. A defendant can be negligent in creating and exposing Harrington to the danger presented by the tire spikes.

Proprietor's duty of care

Presence of foreign substance on floor generally is not compatible with standard of ordinary care, and if guest slips and falls because of foreign substance, liability of proprietor may be found if condition was created by proprietor or his agent, or, if created by another, proprietor had actual or constructive notice of its existence. Proprietor's duty of care

What if the Landlord made the place dangerous

Obvious danger rule is inapplicable where liability is predicated upon acts other than failure to provide adequate warning of dangerous condition. if a pedestrian is "forced" into the area of the danger as a result of the way the defendant had arranged the premises. Dependent may have breached its duty of reasonable care by directing pedestrian traffic over a grate containing retracted tire danger. A defendant can be negligent in creating and exposing Harrington to the danger presented by the tire spikes.

Firefigters rule

Principles of landowner liability based upon status of person injured on the premises, such as whether that person is trespasser, licensee or invitee, are abandoned. In the absence of evidence that suspect's mother in any way negligently interfered with suspect's arrest, firefighter's rule barred police officer's tort claim against mother after he fell while chasing fleeing suspect, In a nut shell, if you are a first responder it is hard to sue the person upon who's property you did your rescuing.