Rule statements

Question 1

Wrongful death standing

Answer 1

In Ohio, a wrongful death action must be brought in the name of the personal representative of the decedent for the benefit of the surviving spouse, children, and parents of the decedent—all of whom are rebuttably presumed to have suffered damages by reason of the wrongful death.

Question 2

Recoverable damages for Wrongful death action

Answer 2

Generally, the recoverable damages for a wrongful death action include loss of support as a result of the decedent’s death, as well as the loss of companionship, society, and affection experienced by the surviving family members, but not pain and suffering.

Question 3

Damages for wrongful death

Answer 3

Punitive damages and attorney’s fees are only awarded for intentional torts.

In Ohio, Punitive damages are not available in wrongful death actions, but may be maintained in survival actions.

Question 4

Negligent Infliction of Emotional Distress

Answer 4

A plaintiff can recover for negligent infliction of emotional distress from a defendant whose negligence creates a foreseeable risk of physical injury to the plaintiff if the defendant’s action causes a threat of physical impact that in turn causes emotional distress.

However, there is an exception to the physical-injury requirement in cases of negligent mishandling of a corpse.

Under Ohio law, emotional distress resulting from a physical injury does not create an independent cause of action for the negligent infliction of emotional distress.

Question 5

Trespass to Chattel

Answer 5

A defendant is liable for trespass to chattels if he intentionally interferes with the plaintiff’s right of possession by using or intermeddling with the plaintiff’s chattel.

Question 6

invasion of privacy

Answer 6

Where one intentionally invades the intrusion and seclusion of another and such intrusion would be unreasonable to the average person they are guilty of invasion of privacy.

Question 7

False Light

Answer 7

The plaintiff must prove that the defendant (i) made public facts about the plaintiff that (ii) placed the plaintiff in a false light, (iii) which false light would be highly offensive to a reasonable person.

Question 8

intentional interference with a contractual relationship

Answer 8

This tort requires and intent to interfere with a valid contract in existence and the interference causes harm.

Question 9

Invitee

Answer 9

A land possessor owes an invitee the duty of reasonable care, including the duty to use reasonable care to inspect the property, discover unreasonably dangerous conditions, and to protect the invitee from them

Question 10

partial comparative negligence

Answer 10

Ohio has adopted the partial comparative negligence standard, which means that a defendant who is less than 50% responsible for his damages will have his injuries reduced by the amount of his own negligence.

Furthermore, a plaintiff who assumes a risk of harm may not recover against the defendant for the occurrence of the foreseeable harm.

Question 11

Negligence Per Se

Answer 11

In Ohio, a person is negligent per se if a statute or ordinance imposes a duty to act or omission to act, and the failure to perform such duty or omission proximately results in injury to another. Under negligence per se, the defendant is liable for any accidents or harms of the type the statute was intended to protect against.

Question 12

Private Nuisance

Answer 12

In addition, a private nuisance must substantially interfere with another individual’s use or enjoyment of his land. The interference is unreasonable if the injury caused by the defendant outweighs the usefulness of his actions.

Question 13

Abnormally Danger Activities

Answer 13

Abnormally dangerous means that an activity: (1) creates a foreseeable and highly significant risk of physical harm even when reasonable care is exercised; and (2) the activity is not commonly engaged in. In addition, courts often consider the gravity of the harm resulting from the activity, the inappropriateness of the place where the activity is being conducted, and the limited value of the activity to the community.

Question 14

Abnormally Danger Activities

Answer 14

Abnormally dangerous means that an activity: (1) creates a foreseeable and highly significant risk of physical harm even when reasonable care is exercised; and (2) the activity is not commonly engaged in. In addition, courts often consider the gravity of the harm resulting from the activity, the inappropriateness of the place where the activity is being conducted, and the limited value of the activity to the community.

A defendant engaged in an abnormally dangerous activity will be held strictly liable for personal injuries and property damage caused by the activity, regardless of the precautions taken to prevent the harm. Abnormally dangerous means that an activity creates a foreseeable and highly significant risk of physical harm even when reasonable care is exercised and the activity is not commonly engaged in.

Question 15

Unknown trespasser

Answer 15

A landowner is obligated to refrain from willful, wanton, reckless, or intentional misconduct toward trespassers.

Question 16

Foreseeable trespasser

Answer 16

Land possessors owe a duty to discovered or anticipated trespassers to warn or protect them from concealed, dangerous, artificial conditions. There is no duty to warn of natural conditions or artificial conditions that do not involve risk of death or serious bodily harm.

Question 17

Survivorship Action

Answer 17

A survivorship action is a cause of action brought by the estate of the deceased. It is a statutorily created cause of action, which allows the claims of the person to survive his/her death.

Question 18

Compensatory

Answer 18

Compensatory damages are those damages sought to compensate the plaintiff for losses resulting from the liability of another.

Question 19

Collateral Source Rule

Answer 19

A majority of states have passed statutes that either eliminate the collateral source rule entirely or modify it substantially. Payments made to the plaintiff by the defendant’s insurer are not considered payments from a collateral source and such payments are credited against the defendant’s liability.

Question 20

Defamation

Answer 20

A plaintiff may bring an action for defamation: (1) if the defendant’s defamatory language; (2) is of or concerning the plaintiff; (3) is published to a third party who understands its defamatory nature; and (4) damages the plaintiff’s reputation.

Question 21

Libal and Slander

Answer 21

If the statement is in recorded form, it is libel and the plaintiff can recover presumed damages. If the statement is spoken, it is slander and the plaintiff must prove actual pecuniary loss from the defamatory statement.

However, if it is slander per se, which is a defamatory statement about a criminal act, a loathsome disease, female chastity, or relating to the plaintiff’s profession, presumed damages are available. If the statement is made about a private person over a private concern, then the statement is presumed false and the defendant must prove truth to prevail.

If the plaintiff is a private individual and the statement does not involve a matter of public concern, then most states today require at least negligence by the defendant for all defamation actions.

Question 22

Private person vs public concern

Answer 22

If the plaintiff is a private individual and the statement involves a matter of public concern, then the plaintiff is required to prove that the defendant acted with fault – either negligence or actual malice.

Question 23

Conditional Privilege

Answer 23

Statements made under the following circumstances are subject to a conditional privilege: (1) in the interest of the publisher, such as defending his reputation; (2) in the interest of the recipient of the statement or a third party; or (3) affecting an important public interest. A qualified privilege may be lost if it is abused. A privilege is abused by making statements with malice – i.e., knowledge that the statement is false or acting with a reckless disregard as to the truth or falsity of the statement.