Tort Law Index

• Library: Tort Law 2016

MissouriTort Law Fourth EditionIndexReferences are to section numbers.
A

Abnormally dangerous activities—see Strict liability

Abuse of process, 3.2

Animals

abuse, 12.53

agistment, 12.62

automobile accidents involving

burden of proof, 12.17, 12.19

common law, 12.17, 12.20

comparative fault of driver, 12.19

generally, 12.17

running at large, livestock, 12.18, 12.19

stock law, 12.18, 12.19

bailment, 12.62

bulls, injuries caused by, 12.35

conversion, 12.62

cruelty, 12.53

destruction, malicious, 12.62

diseased, 12.21, 12.22

dog-bite cases

common-law claim

defenses

comparative fault, 12.40

unlawful presence of plaintiff on property, 12.39

elements

causation, 12.38

dangerous propensities of dog, 12.35

keeping of dog, 12.37

knowledge of defendant, 12.36

generally, 12.34

jury instruction, 12.41

rabies, 12.42

damages, 12.47

generally, 12.23

governing law, 12.24

rabies, 12.21, 12.22, 12.42

statutory claim

defenses

comparative fault, 12.29

criminal activity, 12.30

provocation, 12.28

elements, 12.27

generally, 12.26

jury instructions, 12.31–12.33

domestic animals

harm caused by, generally, 12.23, 16.17

killing

criminal liability, 12.53

generally, 12.49, 12.50

just cause, 12.50

open gates, 12.52

railroad liability, 12.51

drovers, 12.62

equines, damage caused by, 12.48

fences—see Fences

horses, damage caused by, 12.48

hunting, interference with, 12.53, 12.62

killing domestic animals

criminal liability, 12.53

generally, 12.49, 12.50

just cause, 12.50

open gates, 12.52

railroad liability, 12.51

leash laws, 12.45

neglect, 12.53

negligence per se

elements, 12.44

leash laws, 12.45

municipal ordinances, 12.45

rabies law, 12.46

nuisance, 12.61

premises liability, 12.43

rabies, 12.21, 12.22, 12.42, 12.46

theft, 12.53

trapping, interference with, 12.53, 12.62

wild animals, damage by

damages, 12.56

defenses

assumption of risk, 12.57

common carriers, 12.60

intervening cause, 12.58

public officers, 12.60

trespass, 12.59

definition of wild animal, 12.55

elements of claim, 12.55

registration of animal, 12.55

strict liability, 12.54, 16.17

Asbestos cases, 15.15

Assault

battery, relationship, 2.2, 2.7

damages

actual, 2.27

bankruptcy treatment, 2.29

nominal, 2.27

punitive, 2.28

defenses

assumption of risk, 2.25

consent, 2.24

property defense, 2.23

provocation, 2.26, 2.28

resisting invasion of property, 2.23

self-defense, 2.21

statute of limitations, 2.19, 2.20

trespasser, ejection, 2.22

defined, 2.2

duty to protect, 2.15

elements

apprehension felt by plaintiff, 2.5

conduct, 2.4

intent, 2.3

listed, 2.2

insurance coverage considerations

exclusions, 2.34–2.36

generally, 2.30

medical malpractice, 2.31

school policies, 2.36

State Legal Expense Fund, 2.33

uninsured motorist, 2.32

offensive contact, defined, 2.4

passive participants, liability, 2.15

state employees, 2.33

statute of limitations, 2.19, 2.20

verdict director, 2.6

vicarious liability

generally, 2.16

law enforcement officers acting as security guards, 2.17

Workers’ Compensation Law, 2.18

Assumption of risk

assault claims, 2.25

aviation torts, 10.17

battery claims, 2.25

Federal Employers’ Liability Act cases, 19.106

generally, 19.14

jury instruction, 19.63

nuisance cases, 17.74

products liability, 19.121

sports, 19.123

strict liability, 16.33

submissibility to jury, 19.54

wild animals, damage by, 12.57

Attorney fees, 18.24

Automobile torts

animals, accidents involving

burden of proof, 12.17, 12.19

common law, 12.17, 12.20

comparative fault of driver, 12.19

generally, 12.17

running at large, livestock, 12.18, 12.19

stock law, 12.18, 12.19

bicyclists, 9.3

comparative fault

contribution issues, 19.97

generally, 9.17, 9.18

jury instructions, 19.97

loss of consciousness, driver’s, 9.20

owner of vehicle, 19.49

passengers, 19.49, 19.50, 19.97

pleading, 9.18

seatbelts, 9.19, 19.16

submissibility to jury, 19.46–19.50

crashworthiness, 9.16, 15.26, 15.53

damage to vehicle, 18.23

discovery, 9.53

drag racing, 9.60

driver’s identity, 9.61

driving violations

driving while intoxicated, 9.45

following too closely, 9.42, 19.46

lookout

causation of accident, 9.29

direction, 9.28

duty generally, 9.26

obscured view, 9.30

scope of duty, 9.27

submissibility to jury, 19.46, 19.47

negligence per se, 9.46

red light violations, 9.44

speeding

evidence of speed, 9.23

generally, 9.22

road conditions, 9.24

submissibility to jury, 19.46, 19.47

traffic signal violations, 9.44

wrong side of road, 9.25

evidence

expert witnesses, 9.52

hearsay, 9.49

intoxication, 9.50

photographs, 9.51

point of impact, 9.48

police officer testimony, 9.47–9.49

preserving, 9.53

expert witnesses, 9.52

identity of driver, 9.61

imputed liability

agency generally, 9.7

bailees, 9.13

independent contractors, 9.12

joint ventures, 9.9

negligent entrustment, 9.14

negligent hiring, 9.11

ownership of vehicle, 9.8

respondeat superior, 9.7

scope of agency, 9.10

truck cases, 9.56

investigation of case, 9.53

joint tortfeasors, 9.14, 9.54, 9.55

jury instructions

comparative fault, 19.97

driving while intoxicated, 9.45

following too closely, 9.42

rear-end collisions, 9.41

red light violations, 9.44

right of way

arrival at intersection at same time, 9.34

first to enter intersection, 9.33

generally, 9.32

left turns, 9.35

pedestrians, 9.39

through highways, 9.37

sudden stops, 9.40

traffic signal violations, 9.44

turn signals, 9.43

lawn mowers, 9.3

loss of consciousness, driver’s, 9.20

mitigation of damages, 9.21

motor vehicle defined, 9.3

negligence

breach, 9.4

causation, 9.5

damages, 9.6

duty, 9.2

proximate cause, 9.5

standard of care, 9.3

negligence per se, 9.46

pedestrians, 9.39, 9.57

products liability—see Products liability

rear-end collisions, 9.37, 9.41, 19.4, 19.46

right of way

facts-and-circumstances approach, 9.36

four-way stops

arrival at same time, 9.34

first to arrive, 9.33

governing law, 9.31

jury instructions

arrival at intersection at same time, 9.34

first to enter intersection, 9.33

generally, 9.32

left turns, 9.35

pedestrians, 9.39

through highways, 9.37

left turns, 9.35, 9.38

pedestrians, 9.39, 9.57

through highways, 9.37

uncontrolled intersections

arrival at same time, 9.34

first to enter, 9.33

left turns, 9.35, 9.38

seatbelts, failure to wear, 9.19, 19.16

second collision doctrine, 9.16, 15.53

settlement with one joint tortfeasor, 9.55

successive accidents, 9.59

sudden stops, 9.40, 9.42

trucks, 9.56

turn signals, 9.43

underinsured motorist coverage, 9.62

uninsured motorist coverage, 9.62

vehicle defined, 9.58

Aviation

air carrier liability

air carrier defined, 10.22

child passengers, 10.31

class actions, 10.40

delays, 10.32

disabilities of passengers, 10.35

employees as passengers, 10.37

Federal Aviation Regulations, 10.23

health needs of passengers, 10.34

limitations, 10.38

Montreal Convention

accident defined, 10.44

applicability, 10.42

embarking and disembarking, 10.45

exclusivity, 10.43

generally, 10.8, 10.41, 16.22

liability caps, 10.42

statute of limitations, 10.47

venue, 10.46

overhead baggage, 10.36

passenger defined, 10.26

property claims, 10.39

refusal to transport, 10.33

security violations, 10.30

special needs of passengers, 10.35

standard of care

common carrier, 10.24

private carrier, 10.25

tariffs, 10.38

theories of liability

implied warranty of airworthiness, 10.28

negligence, 10.28

res ipsa loquitur, 10.29

safe carriage, 10.28

unaccompanied minors, 10.31

airport liability

aircraft, stored, 10.75

bailment law, 10.75, 10.79

design of airport, 10.73

exculpatory agreements, 10.76

failure to provide rescue services, 10.77

governing law, 10.72

governmental immunity, 10.72

indemnity, 10.76

inverse condemnation, 10.78

neighboring landowners, 10.78

nuisance, 10.78

power lines, 10.73

property claims, 10.75

runway obstructions, 10.73

security, 10.74

service providers, 10.79

airworthiness, 10.28, 10.57

choice of law, 10.7

crop dusting, 10.15, 10.82

drones, 10.10

evidence

accident reconstruction, 10.84

air traffic report, 10.86

aircraft records, 10.92, 10.94, 10.95, 10.98

aircraft wreckage, 10.84

airworthiness directives, 10.99

black box, 10.84

cockpit voice recorder, 10.84

emergency service reports, 10.88

FAA resources

Advisory Circulars, 10.100

aircraft records, 10.92

airworthiness directives, 10.99

certification records, 10.94

enforcement records, 10.93

Office of Accident Investigation & Prevention, 10.86

pilot certification records, 10.92

Service Difficulty Reports, 10.100

Technical Standard Orders, 10.94

flight data recorder, 10.84

foreign government agencies, 10.85

generally, 10.83

interested parties, 10.90

local law enforcement, 10.87

local news reports, 10.89

military investigations, 10.91

National Transportation Safety Board, 10.85

news reports, 10.89

pilot certification records, 10.92

pilot logs, 10.96

spoliation, 10.84

weather information, 10.97

Federal Aviation Regulations (FARs)

generally, 10.2, 10.23

violation as basis of operator liability, 10.13

federal preemption

Air Carrier Access Act, 10.3, 10.5

Airline Deregulation Act, 10.4

Death on the High Seas Act, 10.8

Federal Aviation Act, 10.3, 10.5

Federal Aviation Administration Authorization Act, 10.5

Federal Tort Claims Act, 10.8

Foreign Claims Act, 10.8

Foreign Sovereign Immunities Act, 10.8

generally, 10.2

Independent Safety Board Act, 10.8

Military Claims Act, 10.8

Military Personnel Claims Act, 10.8

National Guard claims law, 10.8

federal regulation, 10.2, 10.8

flight instructor liability, 10.80

governing law, 10.2, 10.8, 10.23

government liability

air traffic controllers, 10.52

contractors, 10.71

counterclaims, 10.56

cross-clams, 10.56

discretionary functions, 10.50

Federal Tort Claims Act generally, 10.48, 10.49

military personnel claims, 10.53

ministerial functions, 10.51

notice, 10.56

pendent jurisdiction, 10.55

third-party claims, 10.56

Transportation Security Administration, 10.54

ground damage, 16.23

Hague Evidence Convention, 10.8

insurance, 10.9

investigation

accident reconstruction, 10.84

air traffic report, 10.86

aircraft records, 10.92, 10.94, 10.95, 10.98

aircraft wreckage, 10.84

airworthiness directives, 10.99

black box, 10.84

cockpit...