Other Torts Issues

Question 1

VA Law on Product Liability

Answer 1

No strict liability for injurious products BUT if a plaintiff is injured by a defective product, they may assert a breach of warranty of merchantability claim against the seller or anyone in the distribution chain

• no need to prove privity
• compensation for pain and suffering

Question 2

Auto Owner and Driver Vicarious Liability

Answer 2

The owner of a car is not vicariously liable for torts of drivers.

• Exception: When the driver is doing the owner’s errand. They are acting as the owner’s agent.
• VA: NO EXCEPTION!

Question 3

Parent and Child Vicarious Liability

Answer 3

Parents are not vicariously liable for the torts of their kids.
- VA: A parent is liable when the child commits willful or wanton property damage.

Question 4

Joint and Several Liability

Answer 4

No percentages. Equal fractional shares only. Classic contribution.

Question 5

Libel/Slander

Answer 5

• Treated the same

- Presumed damages only for the 4 categories

Question 6

Defamation

Answer 6

All defamation Ps must show falsity and at least negligent fault

Question 7

VA Governmental Tort Immunity

Answer 7

• VA permits tort suits against the commonwealth and transportation districts.
• Cap is either 100K or policy limits.
• VA municipalities immune when engaged in governmental functions but may be liable when carrying out proprietary functions

Question 8

VA Charitable Immunity

Answer 8

Charitable institutions are immune from lability for negligence arising from acts of their servants and agents if due care has been exercised in their selection or retention