Choice of Law for Tort Claims

Question 1

The Vested Rights Approach

Answer 1

Courts should apply the law of the state where the injury occurred.

Question 2

The Most Significant Relationship Approach

Answer 2

Courts should consider the policies and interests at stake for the following states:

• the states where the parties are domiciled; and
• the state where the injury occurred

Question 3

Most Significant Relationship Test: Wrongful Death

Answer 3

Even if the decedent dies in a state other than a state where the decedent or D was domiciled or where the injury occurred, the choice of law analysis remains unchanged.

Question 4

Most Significant Relationship: Dram Shop Acts

Answer 4

The forum will usually apply the law of the state where the tavern is located except:

• tavern in Q uses advertising to target residents of another state; and
• tavern keeper can anticipate that out-of-state residents could return to their home state shortly after consuming beverages at the tavern.