Rules

Question 1

What is the duty of care owed to discovered trespassers in Florida?

Answer 1

To warn or protect against concealed, dangerous, artificial conditions, except when discovered at least 24 hours before accident (then treat them like an invitee)

Question 2

What test does FL apply in design defect strict product liability cases?

Answer 2

Consumer Expectations Test

Question 3

What is the duty of care owed to invited licensees/invitees in FL?

Answer 3

Reasonable care under all circumstances; duty to protect against forseeable third party crimes

Question 4

What is the duty of care owed to uninvited licensees in FL?

Answer 4

To refrain from inflicting willful or wanton injury

Question 5

Before a civil action for publication may be brought against a media defendant, what must a plaintiff do?

Answer 5

Serve the defendant with written notice of the alleged defamatory publication

Question 6

What duty do business owners have to maintain premises in a reasonably safe condition for business owners?

Answer 6

Duty of reasonable care

Question 7

When is an employer liable for punitive damages for employee conduct?

Answer 7

1. When the employee is guilty of intentional misconduct or gross negligence and
2. The employer knowingly participated in or ratified the conduct or the employers gross negligence contributed to the injury

Question 8

What act protects from liability those who provide emergency care without objection by the injured party, so long as they act as an ordinary reasonably prudent person?

Answer 8

Good Samaritan Act

Question 9

What constitutes negligence per se?

Answer 9

A violation of a penal statute or ordinance. A violation of other rules, statutes, such as traffic violations is considered regular negligence.

Question 10

Is a possessor of land liable for negligence that results in death or injury to a person committing or attempting to commit a felony on the property?

Answer 10

No

Question 11

True or False: Owners may be liable for damages resulting from negligent operation of their vehicle driven by others with the owner’s knowledge and consent

Answer 11

True

Question 12

Florida courts allow _______ damages for battery at the jury’s discretion because the act of battery proves ______.

Answer 12

Punitive; malice

Question 13

When are punitive damages presumed unreasonable?

Answer 13

When punitive damages amount is in excess of 3 times the compensatory amount or $500,000

Question 14

___________ is waived in a negligence action by an unemancipated minor child to the extent of the parent’s available liability insurance coverage.

Answer 14

Parental Immunity

Question 15

In FL, when is recovery prohibited for a patient if the patient was treated without informed consent?

Answer 15

1. When a reasonable individual would have a general understanding of the procedure, alternatives, and risks, or
2. When the patient would reasonably have consented had he been so advised

Question 16

In a NIED cause of action, what must the plaintiff prove in FL?

Answer 16

1. Must show physical injury/illness or physical impact upon themselves, or
2. If a bystander, must have a close personal relationship with the injured party

Question 17

True or False: in a products liability action, the doctrine of joint and several liability is inapplicable and the court must enter judgment against each liable party on the basis of each party’s percentage of fault.

Answer 17

True

Question 18

When does FL recognize the breach of fiduciary duty as a tort cause of action?

Answer 18

When (1) a fiduciary duty exists, (2) that duty is breached, and (3) the breach causes damage

Question 19

What actions can an employer take so that the employer is presumed not negligent in hiring an employee?

Answer 19

Conduct a background check and find no information of the employee’s unsuitability

Question 20

There is a __________ that negligence of a rear driver in a rear-end collision was the sole ____________ of an accident; however this can be rebutted by evidence of illegal or reasonably unexpected conduct by the lead driver, or mechanical failure of the rear vehicle.

Answer 20

Rebuttable presumption, proximate cause