New Mexico Torts

Palsgraf is the foundational case on proximate cause and duty in negligence law. It established that a defendant owes a duty of care only to foreseeable plaintiffs and that negligence in the air, so to speak, does not create liability to everyone harmed. The case remains the starting point for virtually every discussion of duty and proximate cause in American tort law.

Vosburg v. Putney is a foundational case in intentional torts, establishing that intent to make contact — not intent to cause harm — is sufficient for battery. It also introduced the eggshell plaintiff rule in the context of intentional torts, holding that a defendant is liable for all consequences of an unlawful act, even if unforeseeable.

Garratt v. Dailey is the leading case on the meaning of intent in battery, establishing that intent includes not only the desire to bring about a harmful or offensive contact but also the substantial certainty that such contact will result. This expanded definition of intent is foundational to modern intentional tort doctrine.

Brown v. Kendall is regarded as the foundational case in American negligence law. It shifted tort liability from strict liability for directly caused harms to a fault-based system, establishing that a plaintiff must prove the defendant failed to exercise ordinary care. This transformation laid the groundwork for modern negligence doctrine.

Butterfield v. Forrester is the foundational case establishing the doctrine of contributory negligence. It held that a plaintiff who fails to exercise ordinary care for his own safety and whose own negligence contributes to his injury cannot recover from a negligent defendant. This harsh rule dominated Anglo-American tort law for over a century.

Carroll Towing is the seminal case establishing the Hand Formula (or BPL test) for determining breach of duty in negligence. Judge Learned Hand articulated the algebraic formula that a party is negligent if the burden of taking precautions (B) is less than the probability of harm (P) multiplied by the gravity of the resulting injury (L). This cost-benefit approach to negligence analysis has been enormously influential.

Byrne v. Boadle is the foundational case establishing the doctrine of res ipsa loquitur ('the thing speaks for itself'). It held that in certain circumstances, the mere occurrence of an accident can create an inference of negligence, relieving the plaintiff of the burden of proving the specific negligent act. This doctrine remains a critical tool for plaintiffs who cannot identify the precise cause of their injury.

While the majority applied res ipsa loquitur to find negligence, Justice Traynor's concurrence in Escola is famous for articulating the policy rationale for strict products liability, foreshadowing the revolution that would come two decades later in Greenman v. Yuba Power Products. The concurrence argued that manufacturers should bear the costs of injuries caused by their defective products regardless of fault.

Greenman is the landmark case that formally established strict products liability in American tort law. Justice Traynor, writing for the court, held that a manufacturer is strictly liable when it places a defective product on the market knowing it will be used without inspection. This case triggered a nationwide revolution in products liability law and led directly to the adoption of Restatement (Second) Section 402A.

MacPherson is a landmark case that eliminated the privity of contract requirement for negligence actions against manufacturers. Judge Cardozo held that a manufacturer owes a duty of care to all foreseeable users of its products, not just those with whom it has a direct contractual relationship. This decision opened the door to modern products liability law.