Defenses Flashcards
VTCA
Limits the tort liability of a state employee, who acts within the scope of his employment, to
100k or the maximum limit of an insurance policy which ever is greater
Parental immunity
Virgina has abolished parental immunity for
1) intentional torts
2) Car accidents
Charitable immunity
In Va, a charity is immune from negligence liability for the acts of its agents
However, a charity can be liable for negligence in the selection or retention of an agent
A hospital that is a charity is immune when
1) the hospital renders exclusive charitable medical services does not charge a bill to the patient; or
2) The P was taken by the hospital under an express written agreement that all medical services would be supplied on a charitable basis at no cost to P
VA contributory negligence
To use the defense of contributory negligence D must show
1) The Plaintiffs negligence is a substantial cause of P’s injury; and
2) The P’s negligence occurs at the same time as the Ds
Contributory negligence is
a complete bar to recovery
Exculpatory clauses
VA does not allow contracts to release a party from future negligence for PI
Spectators at athletic events
The land-possessor has a duty to exercise reasonable care to protect the spectator’s safety
Assumption or Risk
In Virgina, a P’s voluntary assumption of the risk of injury from a known danger acts as a complete bar to recovery in a negligence against the D
Whether the P knew about the risk is a subjective standard and usually a question for the jury unless reasonable minds could not differ
Pure comparative negligence
P’s negligence will not bar recovery, but damages will be reduced by amount of P’s negligence
Modified/modern comparative=
P who is more than 50% negligent is barred from recovery
Last clear chance
Exception to contributory negligence when D has last clear change to avoid accident but fails to do so
Joint and several liability
2 or more people cause accident, each can be sued for the entire amount (d who pays can then sue for contribution)
Several liability- can only be sued for damages they caused
Vicarious liability
Employer is liable as long as employee was acting in the scope of his employment (still liable for detour, not liable for frolic)
Generally not liable for intentional torts
Employer can seek identification from employee
Independent contractor
Person who hired IC is not liable for negligent acts, unless
1) The work the IC is abnormally dangerous
2) The IC is doing a non-delegable duty (work that affects public safety)
