Intnetional tort; intro to negligence Flashcards
p must prove iied distress by
clear and convincing evidence
false imprisonment
illegal restraint on p’s freedom
does not require that d
actually imprison p
once a prima facie case of false imprisonment is made,
burden shifts to d to show that the restraint was legal or justified
viriginia allows conversion of
tangible and intangible so long as intangible personal property rights are merged into a doc
for intangible
it must be documented
va has good samaritan law
protects from liability if emergency care in good faith and without compensation
for good Samaritan pregnancy,
it is gross negligence if no medical records at hand
good samaritan law protects ambulance drivers in an emergency
so long as they comply with siren laws, not grossly negligent, do not engage in willful or wanton misconduct
va cannot be liable for employer based on
duty to supervise the employee
va children under 7
cannot be negligent
rebuttable presumption ages
7-14
standard of physicians
reasonable standard of other licensed physians, but exception for locality
common carriers
utmost care to protect guests
innkeeps have a duty to
warn and protect guests from foreseeable criminal conduct of 3d party
VA rejects
attractive nuisance doctrine
standard for va regarding something similar to attractive nuissance
landowner will be liable for leaving an instrument with a hidden danger on part of her land that is easily accessible to kids and that is known to be frequented by children
invitees owe a duty of ____ to licensees (this is mbe)
reasonable care
they have no duty to inspect for licensees, but must (mbe)
to correct or warn concealed dangers that are known
no duty to protect from (mbe)
open and obvious dangers
VA invitees
liable for injuries if the landowner knows or should have known that the invitee would not appreciate the danger
only extends as far as
the scope of invitation
host can remove liability for children
if he asks parents to supervise him
no duty to protect from criminal act unless
special relationship and either p or 3d party commits criminal act
if she has knowledge of imminent danger of criminal asssault
she has a duty to warn
negligence, causation
virginia uses but for for actual cause
Wrongful death suit
if physician destroyed any subsantial chance that patient could survive, trteated as proximate cause
to break chain of causation
must be superseding and completely supersede d’s actions
in va, you need both
actual and proximate cause
proximate cause
injury was the natural and proximate consequence of the act and it was foreseeable
va has a cap
on medical malpractice (2.25 million, incerases 50k each year until 3 million in 2031)
virginia follows collateral source rule
any payments or benefits received by p from outside sources are not credited against damages that d owed plaintiff
not admissable @trial
punitive damages
wanton or willful misconduct
NIED Majority rule
plaintiff have suffered some physical injury to recover
survival statute
survives death of plaintiff
VA, parent liable for up to
2500 in harm cause by willful or malciious act of child
no dram shop act
