(10) Torts: Randomly Tested Torts

Question 1

Injurious Falsehood

Question 2

Immunity - Federal Government

Answer 2

Must waive its immunity and when it does it is liable in the same manner and to the same extent that a private person under the same circumstances would be.

Question 3

Immunity - State Government

Answer 3

Most states have waived sovereign immunity through legislation but have imposed limits on the amount of recovery and the circumstances in which a state may be held liable.

Question 4

Loss Consortium

Answer 4

If P married, spouse is given separate cause of action against same D. The uninjured spouse is entitled to sue, allowing recovery for loss of (a) services (laundry, cooking, etc.); (b) society (companionship, conversation, etc.).
*Loss of sex also applies.

Question 5

Loss Consortium - who has standing?

Answer 5

For spouses with intangible injuries of loss. Loss of sex also applies.

Question 6

Survival Statutes

Answer 6

Is on behalf of the estate.

Permits a tort action after the death of the party and they are entitled to damages up and until the party’s death. The damages available are those the deceased would have been entitled to if they had survived.

Question 7

Wrongful Death Statutes

Answer 7

Is on behalf of the victim.

Decedents estate may bring a claim proving the underlying tort led to the decedents death. Damages are limited to those suffered from the loss of the decedent and include loss of support, loss of services, funerial and burial expenses, loss of companionship.

Question 8

Wrongful Life

Answer 8

A coa brought by the child for the failure to perform a proper contraceptive procedure. Few states allow but they limit the child’s recover to special damages attributable to the disability.

Question 9

Wrongful Birth

Answer 9

A coa brought by the parents to recover for the wrongful birth (failure to diagnose a defect or wrongful pregnancy failure to perform a contraceptive procedure). The parent can recover damages for medical expenses and pain and suffering and in some states for the additional medical expenses involved with a disabled child.

Question 10

Are fetuses owed a duty of care?

Answer 10

Fetuses are owed a duty of care under negligence if they are viable at the time that the injury occurred.