Misc Concepts

Question 0

Negligent entrustment

Answer 0

Liability on the owner for entrusting his chattel to a person he knows is likely to use it in a manner creating unreasonable risk to the user or other foreseeable people.
Fact that the user knows its dangerous is irrelevant if the dangerous condition is a result of negligence.

Question 1

Dangerous instrumentality FL

Answer 1

Anyone owning an instrument capable of causing death or destruction is liable for its misuse.
Regardless of who is using it as long as owner consented.
Applies to cars

Question 2

Modified no fault insurance

Answer 2

Injured persons insurance pays out of pocket expenses to a max of $10,000 regardless of fault.
Can recover for medical expenses, lost income.
Also, pain and suffering, mental anguish, and inconvenience if suffered significant and permanent loss of an important bodily function, permanent injury, disfigurement or death.

Question 3

Tavern keepers FL

Answer 3

If knowingly serve alcohol to a person habitually addicted or to a minor, liable for injury caused by the drunk while intoxicated.

Question 4

Inter-spousal immunity

Answer 4

Abolished in FL

Question 5

Govt immunity

Answer 5

State and its subdivisions are liable for personal injury, death or property damage caused by a govt employee in the scope of employment.
Employee not personally liable.
Limit to $100,000 per P and $200,000 per accident.
* not apply to discretionary or planning level functions.
* excludes intentional torts.

Question 6

Survival actions

Answer 6

Death of victim or tortfeasors does not abate liability.

FL: coa survives death of P. but if the injury is the cause if death, then must be under wrongful death.

Question 7

Wrongful death FL

Answer 7

Recover value of lost support, loss of companionship and protection, mental pain and suffering.
Brought for benefit of estate.