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Louisiana Bar Exam > Torts > Flashcards

Torts Flashcards

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2
Q

Watson factors

A
  1. Conduct resulted from inadvertence or awareness of danger?
  2. How great was the risk?
  3. Utility/significance of the conduct
  4. Capacities of actors
  5. Extenuating circumstances
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3
Q

Pitre factors (6 - scope of duty/risk) DCHMEN

A
  1. Deterrence
  2. Capacity to bear and distribute losses
  3. Historical need to develop precedent
  4. Moral aspects of conduct
  5. Efficient administration of law
  6. Need for compensation
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4
Q

Tort damages

A
  1. Nominal (intentional torts only)
  2. Compensatory (general or specific)
  3. Hedonic
  4. Punitive (only available where authorized by statute)
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5
Q

Superceding cause

A

Intervening act that relieves D. of liability

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6
Q

Louisiana Product Liability Act

A
  • Must be manufacturer
  • sole remedy for products liability
  1. Injury must be proximately caused by an unreasonably dangerous characteristic of the product, and
  2. The injury arose during a reasonably anticipated use of the product.
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7
Q

Types of unreasonably dangerous characteristics under LPLA

A
  1. Construction or composition
  2. Design
  3. Inadequate warning
  4. breach of express warranty
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8
Q

Vicarious Liability

A
  1. Employee relationship
  2. Course and scope of duty
  3. Employee at fault for conduct
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9
Q

Worker’s Compensation

A
  1. Employment relationship
  2. Injury arose out of and in the course of employment
  3. Compensable injury
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10
Q

Liability of a Property owner

A

Owner is responsible for a vice, ruin or defect on his property when

  1. Ruin/Vice/Defect presented unreasonable risk of harm
  2. Owner had actual/constructive knowledge of ruin/vice/defect
  3. Damage could have been prevented through the exercise of reasonable care
  4. Owner failed to exercise reasonable care
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11
Q

Informed consent

A

Duty to disclose all material risks to patient

“Material” - Would a reasonable person have consented to the treatment had they known of the risk/s?

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12
Q

Wrongful Death & Survival Action beneficiaries

A

A higher class of beneficiaries takes to the exclusion of others:

  1. Children/surviving spouse
  2. Parents
  3. Siblings
  4. Grandparents
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13
Q

Survival Action

A

Pre-death pain and suffering, medicals, loss of wages, etc.

Claim is on behalf of decedent

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14
Q

Elements of Negligence

A
  1. Cause-in-fact - but for and substantial factor
  2. Duty - What duty owed? (Reasonable Person)
  3. Scope of the Duty? (Foreseeability and Ease of Association; Pitre factors)
  4. Breach -“Hand formula” B<PL
  5. Injury

Defenses: Comparative Fault (Watson Factors)

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15
Q

Bystander damages - NIED

A
  1. Plaintiff must view incident or come upon scene before substantial change had occurred
  2. Direct victim suffers such that it is reasonably foreseeable that plaintiff would suffer distress in viewing the incident
  3. Severe and debilitating emotional distress was caused by viewing incident
  4. Emotional distress must be severe and debilitating
  5. Pl. is permissible claimant (immediate family of victim)
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16
Q

Wrongful death action

A

Brought by beneficiaries for their own damages - loss of support, love, affection, service, etc.

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17
Q

Defense to intentional tort

A
  1. Self defense
  2. Defense of others
  3. Consent
  4. Defense of property (reasonable)
18
Q

Intentional infliction of emotional distress (IIED)

A
  1. Specific intent
  2. Extreme and outrageous behavior
  3. Causation
  4. Severe emotional distress
19
Q

Battery (tort)

A
  1. Intent - purpose or substantial certainty
  2. Contact
  3. Harm or offense
20
Q

Assault (tort)

A
  1. Intent - purpose or substantial certainty
  2. Reasonable apprehension of an imminent battery
  3. Apparent means to commit battery
21
Q

Intervening act

A

Act that occurs between negligent act and injury

22
Q

Workers comp exceptions

A
  1. Horseplay
  2. Intentional torts
  3. Unrelated to employment
23
Q

Premises liability (slip and fall

A

Merchant has duty to keep aisles, floors and passageways in a reasonably safe condition

  1. Condition presented an unreasonable risk of harm
  2. Harm was foreseeable
  3. Merchant knew or had constructive knowledge of condition that caused harm
  4. Merchant failed to exercise reasonable care
  5. Injury resulted
24
Q

Coleman Med Mal factors (TEAR IT)

A

(TEAR IT)

  1. related to Treatment
  2. require Expert medical evidence
  3. involve an Assessment of patient’s condition
  4. patient/physician Relationship
  5. Injury occur without treatment
  6. intentional Tort
25
Q

Standard of care in med mal

A

Reasonable care of a reasonably prudent health care provider in the community

26
Q

Public Duty Doctrine

A
  1. Ownership/custody of thing by public entity.
  2. Defect created unreasonable risk of harm.
  3. Public entity had actual/constructive notice of defect.
  4. Public entity failed to cure defect w/in reasonable time.
  5. Defect caused Pl. injury

Louisiana Bar Exam (10 decks)

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