553 So. 2d 902 - Bell v. State’s Empirical Analysis

Citation profile

7 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “not a simple rule of law which can be applied mechanically. It requires a balancing of claims and interests, a weighing of the risk and the gravity of harm, and the consideration of individual and societal rights and obligations.”

   2 later decisions quote this exact passage
   e.g. 955 So. 2d 758 - Monson v. TRAVELERS PROPERTY & CAS. INS. · 712 So. 2d 238 - Tannehill v. Joguyro, Inc.

2. “To prevail on a strict liability claim under La. C.C. art. 2317, the injured party must prove that the thing which caused the damage was in the custody of the defendant, that the thing had a defect or vice (that is, that it occasioned an unreasonable risk of harm or injury), and the injury was caused by the defect.”

   1 later decision quote this exact passage
   e.g. 712 So. 2d 238 - Tannehill v. Joguyro, Inc.

3. “The probability of the harm posed plus the gravity of the harm which may ensue must be balanced against the utility of the thing in its condition on the date of the accident. The rights and duties of the parties must also be considered.”

   1 later decision quote this exact passage
   e.g. 712 So. 2d 238 - Tannehill v. Joguyro, Inc.