Sam Hanson, representing the appellant, decedent's son, said that the court adopted the right standard of
foreseeability and also said hospitalist could not have a relationship with the patient before the patient is admitted, because the hospitalist works within the hospital.
Robinson said the court decided the Restatement rule struck the appropriate balance between the open-ended nature of the reasonable
foreseeability rule and the "overly constrained near-privity rule.
A well-constructed financial model, which contemplates both the reasonable certainty and
foreseeability rules, will allow the trier-of-fact to make an educated assessment of each rule.
(118)
Foreseeability hinges on such things as the type of information the laboratory conveyed, to whom it conveyed the information, and the seriousness and specificity of the warning.
import of
foreseeability in the analytical framework:
Foreseeability may turn out to be the dispositive issue.
Specifically, the court would find it necessary to decide the following factual questions: 1) the extent of the owner's knowledge of the presence of bears in surrounding areas; 2) the
foreseeability that a bear would attack a visitor on the owner's property; and 3) the sufficiency of the owner's knowledge of danger so as to give rise to a duty to post warning signs or further safeguard visitors from such danger.
(13) The background emphasizes the varying rulings that result when South Dakota courts apply a common law duty based on relationship and
foreseeability. (14) The author then introduces the Restatement's reformation of negligence law.
Although the
foreseeability of the harm factor is important in determining an independent duty, (46) Alaska courts have stated that it is not dispositive, and thus other factors must be considered.
"It's a fair compromise based on various factors that would be taken into consideration, such as
foreseeability and fairness."
But Afzal believes his history of blackouts - which he concealed - should have been enough to meet the key "
foreseeability" test and trigger a trial.
Latin terminology,
foreseeability and lawfulness, while doubtless of legal significance, have little to do with where medicine meets the law, as opposed to the law meeting medicine.
