Torts and Duty to Rescue, Negligence, Forseeability and Future of Negligence with AI

In this episode, we explore landmark Tennessee Supreme Court cases that have shaped negligence law through four distinct themes:

Duty of Care to Non-Patients and Third Parties

• Bradshaw v. Daniel (1993): Expanded physicians' duty to warn identifiable family members of foreseeable risks associated with a patient's illness, even when the disease is non-contagious. This decision underscores foreseeability as a critical factor.
• Pittman v. Upjohn Co. (1994): Affirmed the "learned intermediary doctrine," which places the duty to warn about prescription drug risks on prescribing physicians rather than directly on manufacturers, particularly for non-patients.

Duty in Social Settings

• Lindsey v. Miami Development Corp. (1985): Recognized a social host's duty of care to assist guests in emergencies, particularly when the host assumes control over the situation, as seen in this wrongful death case involving a delayed ambulance call.

Premises Liability and Foreseeability

• McClung v. Delta Square Ltd. Partnership (1996): Revolutionized premises liability law by introducing a balancing test, weighing the foreseeability and gravity of harm against the burden on businesses to take preventive measures. This decision held businesses accountable for protecting customers from foreseeable criminal acts.

Causation in Disease Transmission

• Hamblen v. Davidson (2000): Clarified the duty of individuals with sexually transmitted diseases to prevent transmission and highlighted the use of circumstantial evidence to establish causation without requiring expert testimony. The case also applied the discovery rule to extend the statute of limitations for victims unaware of their injuries.

These cases reflect Tennessee's progressive stance on negligence law, focusing on foreseeability, reasonable care, and the expansion of duties in diverse contexts. Tune in to uncover how these rulings continue to influence legal standards and responsibilities across the state and beyond!

 Introductory Music for American Law Cafe. In Jazz Short by moodmode / Vlad Krotov. 

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🎶 Intro Music: "In Jazz Short" by moodmode / Vlad Krotov
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