Mc Mix

Question 1

The violation of a traffic regulation is evidence of what?

Answer 1

It is only prima facie evidence of negligence.

Question 2

Does FL allow recover for negligent infliction of emotional distress?

Answer 2

Yes

Question 3

Under what circumstances does FL allow recovery for negligent infliction of emotional distress?

Answer 3

Applies to bystanders only when a Def. has negligently injured a party with whom the Plaintiff had a close emotional attachment.

Question 4

Under Florida law, has recovery for negligent infliction of emotional distress been extended to significant others?

Answer 4

No

Question 5

What does FL good samaritan statute hold a rescuer liable for?

Answer 5

Ordinary Negligence

Question 6

What is required in order for a party to recover punitive damages?

Answer 6

1) P must establish grounds by clear and convincing evidence.
2) D may be held liable only if guilty of intentional misconduct or gross negligence.
3) There is a cap on punitive damages awarded.

Question 7

True or False: When P and D are both negligent to each for damages, the court will offset the final verdict.

Answer 7

True

Question 8

Is the doctrine of comparative negligence from statute or common law?

Answer 8

Statute

Question 9

When is the owner of a car liable for actions of someone who drives their car?

Answer 9

When they allow the person to use their care.

The person does not need to be related.

Question 10

To avoid liability for a dog bite, can an owner erect a generic dog sign?

Answer 10

No - it must state “BAD DOG”

Question 11

What is the strongest defense to a dog bite?

Answer 11

The individual was a trespasser.

Question 12

How can a strict liability claim be reduced?

Answer 12

Evidence that P failed to exercise ordinary care - this can reduce their recovery.

Question 13

Does Florida have the Doctrine of Interspousal Tort Immunity?

Answer 13

No it has been abolished.

Question 14

Does a disclaimer of issues serve as a defense to a strict liability claim?

Answer 14

No

Question 15

What violation of a traffic ordinance is evidence of?

Answer 15

Negligence.

Question 16

Can a significant other recover in FL under the claim for negligent infliction of emotional distress?

Answer 16

No - need an especially close emotional attachment to P - usually family.

Question 17

To what extent is municipal liability for suit waived?

Answer 17

To the extent of insurance coverage.

Question 18

When is a bar responsible for an injury caused by someone they served beer to?

Answer 18

Generally only if they knew the person was an alcoholic or the person was a minor.

Question 19

Is defendant’s intent to cause P to suffer severe emotional distress or recklessness prima facie evidence of negligence?

Answer 19

Yes

Question 20

If a person has a special sensitivity to an issue, what do they have to prove to prevail in claim?

Answer 20

Have to prove that D was aware of this.

Question 21

What is the best defense to trespass?

Answer 21

Consent

Question 22

Are damages presumed for trespass?

Answer 22

Yes

Question 23

Does property damage have to be proven in order to prevail in claim for trespass?

Answer 23

No

Question 24

True or False: If a governmental entity takes control of a property such has a highway they have a common law duty to maintain the property.

Answer 24

True

Question 25

If a doctor treats someone at an accident scene, what is their liability to the P?

Answer 25

Can be liable under good samaritan law.

Question 26

Is providing notice to Dr. for suit a jurisdictional requirement?

Answer 26

No

Question 27

Can a DR. waive the notice requirement when being sued?

Answer 27

Yes

Question 28

Can a case against a doctor be dismissed if counsel does not certify that reasonable investigation for claim has been done?

Answer 28

Yes

Question 29

What are three exceptions to punitive damages?

Answer 29

1) Defendant engaged in child abuse and there is clear and convincing evidence that damages are not excessive. 2) Defendant had a specific intent to harm and did harm. 3) The defendant is under influence of alcohol so that he was impaired when committing the tort.

Question 30

True or False: Libelous statements made by a media defendant are not actionable where there is no actual injury.

Answer 30

True

Question 31

When can an univited licensee recover for injurieS?

Answer 31

When the landowner has injured them willfully or wantonly or upon discovering them failed to warn of known concealed conditions.

Question 32

Does Fl have a charitable immunity defense where charitable orgs can't be sued?

Answer 32

No this has been abolished

Question 33

What is the FL Dangerous Instrumentality Doctrine?

Answer 33

An owner may be liable for the negligent acts of one to whom they entrust their car.

Question 34

Does a life companion have a right to recover for wrongful death of companion?

Answer 34

No because there is no blood or adopted relationship - there is no standing

Question 35

Can you recover for medical and funeral expenses in wrongful death claim?

Answer 35

Yes

Question 36

Does government employee immunity extend to willful or malicious torts?

Answer 36

No the employee maybe sued individually.

Question 37

Is refusal to arbitration a med mal claim grounds for dismissmal?

Answer 37

No - no obligation to arbitrate

Question 38

Is the claim that a statement was an opinion actionable in a tort defamation claim?

Answer 38

No

Question 39

Must some actual injury be established for damages in a defamation claim?

Answer 39

Yes - damages are not presumed.