Policy Bases for No Duty

Elements of a Tort Claim

Elements of a Tort Claim

  1. Duty
  2. Breach
  3. Causation
  4. Harm

Elements of a Tort Claim

  1. Duty
  2. Breach
  3. Causation
    • Factual Cause
    • Proximate Cause
  4. Harm

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Strauss v. Belle Realty

Third Restatement

When determining that no legal duty exists for reasons of public policy, courts should use “categorical, bright-line rules of law applicable to a general class of cases.”

Two Closing Thoughts

  1. Crushing liability has not aged well.
  2. Policy justifications ≠ individual autonomy concerns

Reynolds v. Hicks

Negligence Per Se

Remember Martin v. Herzog?

Negligence Per Se

Under RCW 66.44.270(1) it is a crime to:

give or otherwise supply liquor to any person under the age of twenty-one years or permit any person under that age to consume liquor on his or her premises or on any premises under his or her control.

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What the heck?

Two Reasons

  1. Legal
  2. Policy