Negligence Defenses Flashcards
Torts II 10 Concepts
Explain Limitations Periods?
Different statutes of limitation bar different tort actions within different defined periods after the claims accrue.
Explain the Discovery Rule of Limitations Periods?
A discovery rule may toll (deny) the limitations period until the plaintiff should have known of the injury and its connection to the defendant’s conduct.
Explain Notice-of-Claim Statutes?
Special notice-of-claim statutes may bar certain claims if the injured person does not notify the responsible agency within a period shorter than the statute of limitations.
What does “tolling the limitation period” mean?
Filing suit tolls the limitations period. Statutes may also toll limitations periods for minority, insanity, military service, and fraudulent concealment.
What are Statutes of Repose?
Statutes of Repose bar potential future claims a certain number of years after the service or activity that created the risk.
Explain Intra-Family Immunity?
Many states grant intra-family tort immunity between spouses or between parents and children.
What are some exceptions to Intra-Family Immunity?
States recognizing intra-family tort immunity may have exceptions for insurance, MVAs, and changes in the family relationship on which the immunity is based.
Explain Charitable Immunity?
A few states continue to recognize tort immunity for charitable organizations, although most states have abolished charitable immunity.
Explain Governmental Immunity?
State and Federal Law may also recognize governmental immunity to tort claims, either broadly or in defined circumstances as under the Federal Tort Claims Act.
What are some exceptions to Governmental Immunity?
Governmental Immunity may be waived for proprietary rather than governmental functions and for ministerial rather than discretionary actions.
