PA Tort Distinctions Flashcards
What tort is operating on a patient without informed consent in PA?
Battery
Is actual proof of harm required for battery or assault?
No, nominal damages are adequate
What is the Pennsylvania shopkeeper’s privilege?
A shopkeeper’s reasonable detention of a suspected shoplifter is NOT an invalid use of authority, provided it is:
- Reasonable in time;
- Necessary to identify the suspect or institute criminal proceedings; or
- Learn whether merch is in his possession.
When does a person not have a duty to retreat when attacked at a place where she would normally have a duty to retreat?
- The actor is not engaged in criminal activity and is not in illegal possession of a firearm;
- The actor has a right to be in the place where she was attacked;
- The actor believes force is immediately necessary to protect herself; and
- The person against whom force is used displays or uses a firearm, replica firearm, or other deadly weapon.
Is there a duty to retreat from home or work?
No, unless the initial aggressor or attacked by a coworker at work
When is someone permitted to use force to protect a third party?
If he has a reasonable belief that:
- He would be justified in the same circumstances;
- The third party would have the right to self defense; and
- Intervention is necessary
What does Pennsylvania’s Good Samaritan law protect?
Persons who protect people providing emergency medical relief in good faith are shielded from civil damages for ordinary negligence
How are children treated in PA for purposes of negligence?
- If under 7, conclusively incapable of negligence
- If between 7 and 14, rebuttably presumed to be incapable.
- If over 14, presumed to be capable
What standard of care does PA apply to physicians?
A local standard for physicians, but a national standard for specialists
What standard of care does PA require from common carriers and innkeepers?
The traditional one, i.e., the highest degree of care to patrons
What standard of care does PA require from people who open their business to the public?
Liable:
- To any person on the property for that purpose;
- for any accidental, negligent, or intentional harmful acts; and
- For the failure to discover foreseeable acts and give adequate warnings to customers
Does PA have a guest statute?
No, the ordinary care rule applies
Does PA continue to follow the traditional rules for land entrants?
Yes
Is foreseeability a factor in assessing proximate cause in PA?
No, courts apply the Second Restatement, which holds a defendant’s conduct is a legal cause of harm to another if:
- A substantial factor; and
- No rule of law relieves the actor from liability because how his negligence caused the harm
When can a plaintiff sustain an action for negligent infliction of emotional distress in PA?
Under any of:
- The impact standard (physical injury or impact);
- Bystander rule;
- Zone of danger; or
- A pre-existing fiduciary or contractual relationship that obviously holds the potential of deep emotional harm if breached
Does PA recognize wrongful death and survival actions?
Yes, but they must be brought together
In PA, can a child recover for loss of companionship if a parent dies?
Yes, but not if injured
Can a parent recover for loss of consortium for a deceased or injured child?
No
Does PA recognize wrongful life or wrongful birth actions?
No, but there are “wrongful pregnancy” actions
Does PA recognize the family-purpose doctrine?
No, the owner of an automobile is not liable for the tortious acts of any family member driving the car without permission
When can an owner be liable for the tortious act of another driving the car?
If there is a master-servant relationship, i.e., the owner has a right to control the driver’s actions
In PA, when can a parent be held liable for a child’s tortious acts?
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.
Does PA have a dram shop law?
Yes, licensees cannot provide alcohol to visibly intoxicated persons or minors
Does PA impose liability on social hosts?
No, but they can be liable for injuries caused by a minor
