immunity and defenses; strict and product liability Flashcards
VA tort claims act
limits liability of gov employee
max under va tort claims act
100k or max limit, whichever is greater
limits apply when
d is a commonwealth empoyee who cause property damge, pi, or death w/in scope of employment
VA has abolished
parental immunity
Charitable immunity
immune from negligence for act of its agents
hospital organized as charitable org protected when
1) no cost
2 takes patient with express agreement of no cost
va follows
contributory negligence
contributory negligence acts like a
bar to recovery
need to show contributory negligence
1) p’s negligence is a substantial cause of injury and
2) negligence occurs at the same time as d’s negligence
exculaptory clauses
limiting liability aint happening
spectators to athletic events
duty to exercise reasonable care
Assumption of risk
is a complete defense
strict products liability
not allowed in VA
must be brought under
negligence theory (didnt tell me i had to do something) or breach of warranty theory
dangerous dog
must be muzzled and leashed
failure to do so is
negligence per se
for manufactureres
product must be fit for the ordinary purpose
to win on a negligence or breach of warranty theory
1) product was unreasonably dangerous for the use or some other foreseeable purpose
2) existed at time product left manufacturer
unreasonably dangerous includes
design, assembly, manufacture, inadequate warning
manufacturer is liable for
foreseeable misuse of the property
lack of privity
not required
on breach of implied warranty
d is not permitted to raise p’s contributory negligence or assumption of risk
