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University of Missouri School of Law

Journal

1994

Negligence

Articles 1 - 2 of 2

Full-Text Articles in Law

Birth Of Preconception Torts In Missouri, The, Raymond E. Williams Nov 1994

Birth Of Preconception Torts In Missouri, The, Raymond E. Williams

Missouri Law Review

The term"'preconception tort' refers to negligent conduct which occurred prior to the plaintiff’s conception.” This Note examines the legal development of preconception tort doctrine with particular focus on the foreseeability, statute of limitations, and policy issues flowing from the duty a defendant owes to an unborn plaintiff.


Missouri Firefighter's Rule, The, Christopher M. Hohn Apr 1994

Missouri Firefighter's Rule, The, Christopher M. Hohn

Missouri Law Review

The firefighter's rule bars injured firefighters and police officers from recovering against individuals whose ordinary negligence created the situation that required the presence of the officer or firefighter. In Missouri, the firefighter's rule originated as a landowner liability rule and as an exception to the rescue doctrine More recently, however, the rule has been influenced by the doctrine of assumption of risk and by public policy concerns. The result has been a hodgepodge of old and new rationales that form the basis for an inconsistent rule that relies on superfluous analysis. In Gray v. Russell, the Missouri Supreme Court reasserted …