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Liability without Fault: D liable without proven or presumed carelessness…

- - - - Cavalea Victim of trespass has no duty to notify trespasser he is trespassing
      - Minimal or trivial invasion enough
        
        thorns falling into neighbor's yard, phone wires across property; fracking leaving contaminates in soil; drones and airspace?
      - Failure to leave: trespass begins when consent ends
        
        Also applies to things on others' property.
    - - Complete privilege: in an emergency, private citizens can trespass out of public necessity w/o sanction.(i.e. avengers)
      - B can't cause trespassers harm in protecting his property rights. (remember spring-loaded shotgun)
        
        Ploof Family tied boat to D's dock during storm. D exceeded the scope of his privilege to deal w/ trespassers.
        
        NOTE THAT: ct in Ploof said D was wrong bcse P trespassed out of necessity. Didn't focus so much on reasonableness of D's response. But other courts do.
        
        R.R. RR employees let a drunk trespasser wander around the track yard in the dark and ran him over. breached a Duty to ensure he left yard safely bcse if his condition.
      - Incomplete privilege: if trespass based on private necessity, A pays for any injury done to B's property.
        
        Vincent Boat secured his boat to P's dock during storm. Ct. said smart, but still trespass. Boat owner must pay damages to dock. He chose injury to dock over injury to his boat. understandable, but pay up.
        
        Feels like restitution. Paying for benefit got from trespassing.
    - - Consent: jury issue
        
        express or implied
        
        Scope: geographic, temporal, knowledge, purpose
        
        Copeland couple consented to woman entering their home as a vet student, not as a journalist filming them. They did not know.
        
        Mistaking consent not a defense unless reasonably based on B's conduct
        
        Must be given knowingly and voluntarily.
    - - A intended to physically make or remain in contact with B's property
        
        Intent to interfere w/ property, not necessarily intent to harm
        
        But injury affects damages
        
        If A injures B, pays even if not neg bcse trespassing.
        
        An injured third party cannot bring a claim bcse trespass not against him.
        
        A's actions must still proximately cause B's injury
        
        A loses control of his car and crashes on B's yard. Not intentional, not trespass. Maybe negligence.
        
        Knowledge and intent: ex. of contaminating water upstream
        
        Is knowing contact will happen and not stopping it intent?
      - A did in fact make or remain in such contact
      - (some jd) no consent from B.
- - - - also, if D continued after complaints
    - - effect on ordinary and reasonably person
    - - regulartory compliance doesn't make a case
- - - - know victim vulnerable and continue conduct anways
      - DOESNT WORK IN ALL JDs
  - - - sought medical attention
      - impairment of daily functioning
      - duration & intensity
      - physical or psychological manifestation of distress.
  - - - close family member witness harm inflicted on P can bring claim
      - witness must sustain bodily harm to bring claim
    - - descriptions of public figures never outrageous
      - Westboro Baptist couldn't be sued for protesting soldier's funeral
    - - States require anti-bullying policies but no rights of action angst bully, just school for not implementing policies
  - - - if consent, not Ex & Out as matter of law