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2022 PA Bar > PA Tort Distinctions > Flashcards

PA Tort Distinctions Flashcards

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1
Q

What tort is operating on a patient without informed consent in PA?

A

Battery

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2
Q

Is actual proof of harm required for battery or assault?

A

No, nominal damages are adequate

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3
Q

What is the Pennsylvania shopkeeper’s privilege?

A

A shopkeeper’s reasonable detention of a suspected shoplifter is NOT an invalid use of authority, provided it is:

  1. Reasonable in time;
  2. Necessary to identify the suspect or institute criminal proceedings; or
  3. Learn whether merch is in his possession.
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4
Q

When does a person not have a duty to retreat when attacked at a place where she would normally have a duty to retreat?

A
  1. The actor is not engaged in criminal activity and is not in illegal possession of a firearm;
  2. The actor has a right to be in the place where she was attacked;
  3. The actor believes force is immediately necessary to protect herself; and
  4. The person against whom force is used displays or uses a firearm, replica firearm, or other deadly weapon.
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5
Q

Is there a duty to retreat from home or work?

A

No, unless the initial aggressor or attacked by a coworker at work

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6
Q

When is someone permitted to use force to protect a third party?

A

If he has a reasonable belief that:

  1. He would be justified in the same circumstances;
  2. The third party would have the right to self defense; and
  3. Intervention is necessary
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7
Q

What does Pennsylvania’s Good Samaritan law protect?

A

Persons who protect people providing emergency medical relief in good faith are shielded from civil damages for ordinary negligence

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8
Q

How are children treated in PA for purposes of negligence?

A
  1. If under 7, conclusively incapable of negligence
  2. If between 7 and 14, rebuttably presumed to be incapable.
  3. If over 14, presumed to be capable
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9
Q

What standard of care does PA apply to physicians?

A

A local standard for physicians, but a national standard for specialists

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10
Q

What standard of care does PA require from common carriers and innkeepers?

A

The traditional one, i.e., the highest degree of care to patrons

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11
Q

What standard of care does PA require from people who open their business to the public?

A

Liable:

  1. To any person on the property for that purpose;
  2. for any accidental, negligent, or intentional harmful acts; and
  3. For the failure to discover foreseeable acts and give adequate warnings to customers
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12
Q

Does PA have a guest statute?

A

No, the ordinary care rule applies

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13
Q

Does PA continue to follow the traditional rules for land entrants?

A

Yes

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14
Q

Is foreseeability a factor in assessing proximate cause in PA?

A

No, courts apply the Second Restatement, which holds a defendant’s conduct is a legal cause of harm to another if:

  1. A substantial factor; and
  2. No rule of law relieves the actor from liability because how his negligence caused the harm
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15
Q

When can a plaintiff sustain an action for negligent infliction of emotional distress in PA?

A

Under any of:

  1. The impact standard (physical injury or impact);
  2. Bystander rule;
  3. Zone of danger; or
  4. A pre-existing fiduciary or contractual relationship that obviously holds the potential of deep emotional harm if breached
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16
Q

Does PA recognize wrongful death and survival actions?

A

Yes, but they must be brought together

17
Q

In PA, can a child recover for loss of companionship if a parent dies?

A

Yes, but not if injured

18
Q

Can a parent recover for loss of consortium for a deceased or injured child?

A

No

19
Q

Does PA recognize wrongful life or wrongful birth actions?

A

No, but there are “wrongful pregnancy” actions

20
Q

Does PA recognize the family-purpose doctrine?

A

No, the owner of an automobile is not liable for the tortious acts of any family member driving the car without permission

21
Q

When can an owner be liable for the tortious act of another driving the car?

A

If there is a master-servant relationship, i.e., the owner has a right to control the driver’s actions

22
Q

In PA, when can a parent be held liable for a child’s tortious acts?

A

Parents can be liable vicariously liable for a child’s willful tortious acts, but damages are limited to $1,000 per person or a total of $2,500 for all persons.

23
Q

Does PA have a dram shop law?

A

Yes, licensees cannot provide alcohol to visibly intoxicated persons or minors

24
Q

Does PA impose liability on social hosts?

A

No, but they can be liable for injuries caused by a minor

25
Q

When has PA waived government immunity?

A

In cases involving:

i) Vehicle liability;
ii) Care, custody, or control of personal property or animals;
iii) Real property;
iv) Trees, traffic control systems, and street lighting;
v) Streets and sidewalks; and
vi) Utility service facilities.

26
Q

Has PA waived government immunity for false arrest?

A

No

27
Q

Has PA waived government immunity for discretionary functions done without malice or improper purpose?

A

No

28
Q

Does PA recognize intra-family immunity?

A

No

29
Q

Does PA recognize charitable immunity?

A

No

30
Q

Does PA recognize joint and several liability?

A

No, it recognizes several liability, except in cases of:

i) Intentional misrepresentation;
ii) Intentional torts; and
iii) When the defendant has been found liable for 60% or more of the total liability.

31
Q

Does PA recognize contributory negligence, pure comparative negligence, or modified comparative negligence?

A

Modified comparative negligence (plaintiff may recover if fault is 50% or less)

32
Q

Are owners of domestic animals strictly liable for their injuries in PA?

A

No, even if knowing of dangerous propensities. Negligence standard

33
Q

Does PA require a plaintiff to show a reasonable alternative design?

A

No, though it may be relevant

34
Q

Does PA recognize assumption of the risk?

A

Yes, but it is a “highly reckless” standard in products cases

35
Q

How does PA’s treatment of defamation differ?

A

In addition to requiring the publication of a defamatory statement causing damages to the plaintiff, the plaintiff must show FAULT

36
Q

What factors are relevant to determining whether an activity is abnormally dangerous?

A
  1. High risk?
  2. Likelihood of harm?
  3. Inability to eliminate risk?
  4. Common activity?
  5. Value to community outweighed by dangerous attributes?
37
Q

What is the sudden emergency doctrine?

A

A defense to negligence in which a defendant who suddenly and unexpectedly is confronted with dangers has no opportunity to assess the danger and respond appropriately

2022 PA Bar (19 decks)

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