Torts Blog

I have often argued that the distinction between negligence and recklessness is difficult to understand.  True, on paper we can express a de...

The Colorado Supreme Court held attorneys owe no duties to non-clients, such as the beneficiaries of a will, absent allegations of fraud, a...

The Utah Supreme Court recently adopted a bright-line cutoff for liability for negligent children, setting the limit at 5 years old.  The ...

Last month the Supreme Court of the State of Washington heard oral arguments in a case called Volk v. DeMeerleer which raises the issue of ...

Just a few days ago the Illinois Court of Appeals issued an opinion in a case called Sherer v. Sarma in which it once again followed  the st...

 Courts usually define the duty to provide information in medical informed consent cases as limited to "material risks."  But what...

I will start covering medical malpractice in my torts class in a couple of days so I thought it would be relevant to post this story today. ...

This re-post does not really have anything to do with torts but because in two days we will cover the standard of care that applies to child...

The Legal Talk Network has a new podcast discussing  issues related to litigation over damages caused by bedbugs.  The description of the sh...

According to the so-called "locality rule," the conduct of a doctor should be evaluated by comparing it to the standard of care sp...

Popular blogger Eric Turkewitz has posted a short comment on a recent medical malpractice case that originated in a patient's suicide.  ...

Golf fans probably enjoyed watching the duel between Phil Mickelson and Bubba Watson this weekend. (Watson won by one stroke, in case you ...

Long time readers of this blog will remember that I have criticized New York courts on more than one occasion for their sloppy analysis when...

While some jurisdictions are adopting the learned intermediary doctrine ( here ) and others are abandoning it ( here ), the Illinois Court o...

I find the issue of whether parents should be liable for injuries to their children very interesting. In class, I have discussed the issue i...

AboutLawsuits.com is reporting that radiation therapy equipment manufacturers have launched an initiative to implement new industry-wide saf...

Long time readers of this blog will remember that I have criticized New York courts on more than one occasion for their sloppy analysis when...

Yesterday, in a 4-3 decision, the Supreme Court of Georgia upheld the constitutionality of a rule that requires a higher burden of proof in ...

Readers of this blog may remember that I have been following the story behind the "hold your wee for a wii" radio contest which en...

The TortsProf blog is reporting today that the trial in the infamous "hold your wee for a wii" radio contest has ended. If you do...