Missouri Torts / Public Health Reporting

Guide to: Bradley v. Ray, 904 S.W.2d 302 (Mo.App. W.D. 1995)

What is the procedural history?

What is the underlying statutory violation?

What does the law require?

What is the link to tort damages?

What are the elements of the claim for breach of the common law duty to warn of suspected child abuse?

What did the court say was the most important factor in establishing duty under Tarasoff?

What is the legal relationship between the therapist and the victim in Tarasoff?

How is this modified by Thompson v. County of Alameda?

How has Tarasoff been extended in Conn and Del?

What about Arizona?

Ohio and Georgia?

What actions would you have to take in the general threat states?

What does the Nebraska law require?

What is the MO rule for physicians at a state hospital?

What is the MO standard for duty from the Dairy Case?

How do we know that MO does not like child abuse?

What does the Hoester case tell us about the public policy of using tort remedies to reduce child abuse?

What does the court say is the cost of reporting?

Why does imposing recognizing this common law duty not change the burden of reporting?

How is the common law duty more narrow than the statutory duty?

How does this duty apply to communicable diseases?

What is the relationship between foreseeability and duty in MO?

What is the standard for measuring forseeability?

What common law duty the court adopt?

What is the negligence per se claim?

Why are the federal cases rejecting negligence per se under the Child Abuse Reporting Act inapplicable?

Does MO like negligence per se?

Why did the court reject negligence per se?

What is the restatement definition of aiding and abetting a tort?

Has this been adopted in MO?

Why does the court reject this tort in this case?

What are the elements of "prima facie tort" in MO?

Is this a catchall remedy that you just add to other torts?

Why does it fail in this case?