10 Most Important Torts Cases Every Law Student Must Know
These landmark torts cases define the fundamentals of negligence, intentional torts, strict liability, and products liability. From the reasonable person standard to the duty to warn, these are the decisions that every 1L must master. Each case includes a brief overview and a link to the full case brief.
Palsgraf v. Long Island Railroad
(1928) · New York Court of AppealsThe most famous torts case in American law. Judge Cardozo held that negligence requires a duty owed to the specific plaintiff, not just careless conduct in general. Palsgraf established that foreseeability limits the scope of duty and is tested on virtually every torts exam.
Read full case briefMacPherson v. Buick Motor Co.
(1916) · New York Court of AppealsJudge Cardozo eliminated the privity requirement in products liability, holding that manufacturers owe a duty of care to foreseeable users, not just direct purchasers. MacPherson laid the groundwork for modern products liability law and is foundational for understanding duty analysis.
Read full case briefVosburg v. Putney
(1891) · Wisconsin Supreme CourtThe classic intentional tort case. A boy kicked another boy's shin in class, triggering a serious leg injury from a pre-existing condition. The court held that intent to make contact, combined with the unlawful setting, was sufficient for battery -- even without intent to harm. This case defines the 'eggshell plaintiff' rule.
Read full case briefGarratt v. Dailey
(1955) · Washington Supreme CourtThe leading case on intent for battery. A five-year-old pulled a chair out from under an elderly woman. The court held that intent for battery requires knowledge to a substantial certainty that contact will result, not just purpose to cause it. This case defines the dual standard of intent in intentional torts.
Read full case briefVaughan v. Menlove
(1837) · Court of Common Pleas (England)The foundational case establishing the objective reasonable person standard in negligence. The defendant stacked hay near his neighbor's property, and it caught fire. The court rejected the subjective 'best judgment' standard, holding that negligence is measured by what a reasonable person of ordinary prudence would do.
Read full case briefRylands v. Fletcher
(1868) · House of Lords (England)The foundational case on strict liability for abnormally dangerous activities. The defendant built a reservoir that flooded the plaintiff's mine. The court imposed liability without fault for non-natural uses of land that cause harm if the dangerous thing escapes. This case anchors the strict liability doctrine alongside the Restatement approach.
Read full case briefEscola v. Coca-Cola Bottling Co.
(1944) · California Supreme CourtWhile decided on res ipsa loquitur grounds (an exploding Coke bottle), Escola is famous for Justice Traynor's concurrence arguing for strict products liability. Traynor's reasoning -- that manufacturers should bear the cost of injuries from defective products -- became the law in Greenman v. Yuba Power and the Restatement (Second) of Torts section 402A.
Read full case briefGreenman v. Yuba Power Products
(1963) · California Supreme CourtThe case that formally established strict products liability in American law. Justice Traynor held that manufacturers are strictly liable for defective products that injure users, regardless of privity or negligence. Greenman is the origin of modern products liability doctrine and influenced the Restatement (Second) of Torts section 402A.
Read full case briefUnited States v. Carroll Towing Co.
(1947) · U.S. Court of Appeals, Second CircuitJudge Learned Hand created the famous B < PL formula for determining negligence: if the burden of precaution (B) is less than the probability of harm (P) multiplied by its gravity (L), the defendant is negligent. The Hand Formula is the analytical backbone of the economic approach to negligence and appears in every torts course.
Read full case briefTarasoff v. Regents of University of California
(1976) · California Supreme CourtThe landmark case establishing a therapist's duty to warn identifiable third parties of a patient's threats. Tarasoff expanded the traditional no-duty-to-rescue rule by creating an affirmative duty when a special relationship exists and the danger is foreseeable. This case is central to understanding exceptions to the no-duty rule.
Read full case brief