Torts: Miscellaneous Provisions

Status Details

At the 2024 Annual Meeting, the following actions were taken on Tentative Draft No. 3:

A motion to replace the black letter on Medical Monitoring did not pass.
A motion to replace the black letter on the Firefighter’s Rule passed.
A motion to replace the black letter on § 20 A, Bad-Faith Performance of First-Party Insurance Contract, did not pass.

The membership voted to approve Tentative Draft No. 3, which contains material on Medical Monitoring, Statutes of Limitations and Repose, Negligent Misrepresentation Causing Physical Harm, Wrongful-Death and Survival Actions, Interference with Family Relationships, Aiding and Abetting Negligence Torts, Agreements to Engage in Conduct that is Negligent or Reckless, the Firefighter’s Rule, Bad-Faith Performance of First-Party Insurance Contract, Spoliation of Evidence, Equitable Estoppel as a Defense to Tort Liability, Tort Liability Based on Estoppel, Prenatal Injury, Wrongful Pregnancy, Wrongful Birth, and Wrongful Life, Liability for the Provision of Alcohol, and Negligence Liability of Product Suppliers.

At the 2023 Annual Meeting, the membership voted to approve to approve §§48D-48F (Sepulcher) of the draft. The membership discussed and voted on several motions on the section on medical monitoring. Because of time constraints, discussion of the section was not completed and no vote was taken to approve the section. Time expired before the remainder of the draft could be discussed.

At the 2022 Annual Meeting, the membership voted to approve Tentative Draft No. 1, which includes material on Apportionment of Liability for Economic Harm; Wrongful Acts Doctrine; Liability of Medical Professionals and Institutions; Interference with Family Relationships; Immunities; Parental Standard of Care; and Consortium. A motion to amend §§ 4 A and 4 B failed.

The Council approved the initiation of this project in January 2019. Beginning with the drafts for the 2023 Annual Meeting, material on medical liability will be produced separately as the Restatement of the Law Third, Torts: Medical Malpractice.

All draft approvals are subject to the discussion at the meeting and usual editorial prerogative.