Legal Research Final

Part 1

1.) Provide 3 secondary sources that you would consult regarding this legal issue. Include a 2 -3 sentence summary of each source and also the proper bluebook citation.

1.) Neal F. Eggeson, Mitigation of Damages – Rewritten into Relevance, 48 Res Gestae 23 (2005)

This article uses Kocher v. Getz to determine whether the defense of “mitigation of damages” qualifies as “fault” under the Comparative Fault Act. The Comparative Fault Act includes “mitigation of damages” in its definition of “fault,” but there is an issue with the legal language that makes it difficult to understand in common language. It questions how a plaintiff’s actions after an incident such as a slip-and-fall or other personal injury incident have any bearing on the defendant’s liability for the original accident.

2.) 62 Am. Jur. 2d Premise Liability §35 Generally; Knowledge of Danger

This article discusses the principles and rules of law governing the liability of owners or occupants of real property for injurious negligence caused by defects in the property or hazards created by the activities of its owners or occupants, or their agents or employees. Treated in detail are the classification of persons injured as invitees, licensees, or trespassers, and the duty owed them, as well as the rules applicable in jurisdictions where such status distinctions are no longer determinative of the duty owed the entrant; the effect of “recreational use” statutes on the duty owed persons using the property for such purposes; the greater measure of duty owed by the owner to children as compared to adult licensees and trespassers, including the attractive nuisance doctrine; and the specific duties and liabilities of owners and occupants of premises used for business or residential purposes. Also considered is the effect of the injured person’s negligence on the plaintiff’s right to recover under principles of contributory or comparative negligence.

3.) Ann L. Thrasher Papa, Recent...