Miscellaneous Tort Concepts

Question 1

Wrongful Death Statute

Answer 1

Under a wrongful death statute, when the defendant’s
intentional or negligent act causes the death of a person, the surviving members of the
decedent’s family can bring an action to recover for their loss. At common law, no such
cause of action existed for the surviving members of the decedent’s family.

Question 2

Survival Statutes

Answer 2

Survival statutes allow a decedent’s pre-existing cause of action
against another to continue after the death of the parties originally involved. At common
law, the death of either party to a lawsuit prior to judgment for whatever reason,
terminated all tort causes of action, except in the case of torts involving personal
property.

Question 3

Wrongful Birth

Answer 3

Wrongful birth actions have been accepted in an increasing number of
jurisdictions. They usually relate to a claim of negligence against a physician or
laboratory related to the failure to supply information concerning potential birth defects
or claimed negligence involved in the failure to prevent birth by contraception, abortion,
vasectomy, etc.

Question 4

Pre-Natal Injuries

Answer 4

At common law, pre-natal injuries could not be the basis of a suit by
a child against a tortfeasor. It is now generally held that the child, if born alive, should
not be denied a cause of action merely because the injury occurred prior to birth. However, in some jurisdictions, the child must have been viable at the time of the injury,
that is, capable of living independently of the mother.

Question 5

Statute of Limitations for Personal Injury

Answer 5

If not otherwise specified, the statute of
limitations for personal injury is two years, and it begins to run at the time of injury or
discovery of the injury.