Torts

Question 1

Duty

Answer 1

A duty is owed to all foreseeable plaintiffs within the zone of danger

Question 2

Standard of care of a healthcare provider

Answer 2

Healthcare provider (Doctor, medical professional) has a duty to act like a reasonable medical professional with similar training and experience in the same community.

Question 3

Standard of care of children

Answer 3

Children have a duty to act like a reasonable child of similar age, intelligence and experience UNLESS they are engaged in adult activities, then they are held to the reasonable person standard.

Question 4

FL Invited Licensee/Business Invitee

Answer 4

Possessors of property have a duty to inspect and warn or make safe any known, non obvious dangerous conditions on the land

Question 5

FL Unknown/Undiscovered Trespasser

Answer 5

Possessors of property have a duty to refrain from intentional conduct which injures the trespasser

Question 6

FL Known/Discovered Trespasser

Answer 6

Possessors of property have a duty to warn known trespassers of dangerous conditions on the property.

Question 7

Cause in fact/Actual Cause/But For

Answer 7

But for the Ds negligence, the injury would not have occurred

Question 8

Legal Cause/Proximate Cause

Answer 8

Under proximate cause, liability is limited to foreseeable harms. An intervening cause is foreseeable and does not cut off liability. A superseding cause is unforeseeable and cuts off liability.

Question 9

Negligence per se

Answer 9

The violation of a statue where the Plaintiff is part of the class the statute is designed to protect and the injury is the kind the statute is designed to protect.

Question 10

FL Good Samaritan Act

Answer 10

There is generally no duty to rescue but once you begin to render aid, you must do so reasonably.

Question 11

FL Good Samaritan Act & medical professionals

Answer 11

In Florida, the Good Samaritan Act protects medical professionals from negligence in emergency rescues

Question 12

Modified Comparative Negligence

Answer 12

DEFENSE
Plaintiff’s recovery will be reduced by their own percentage of fault, but if P is more than 50% at fault, recovery is barred

Question 13

Sovereign Immunity

Answer 13

DEFENSE
Government workers can raise this as a defense to negligence. Florida has waived sovereign immunity for operational decision but immunity remains for planning decisions.

Question 14

For a government worker to be liable for negligence, what do you argue?

Answer 14

Argue its an operation decision

Question 15

For a government worker to be immune from negligence, what do you argue?

Answer 15

Argue its a planning decision

Question 16

Parent-Child Immunity

Answer 16

A parent may raise this defense if their child is suing them for negligence. In FL, parent-child immunity is waived for sexual abuse and for negligence, the parent is liable only up to the extent of their insurance coverage.

Question 17

Express assumption of the risk

Answer 17

DEFENSE to negligence and a complete bar to recovery.
FL has abolished implied assumption of the risk

Question 18

Respondeat Superior

Answer 18

Employers are liable for the negligence of their employees committed while acting within the scope of their employment

Question 19

Negligent hiring

Answer 19

An employer is presumed non-negligent if they did a background check and found nothing wrong

Question 20

Negligent entrustment

Answer 20

When the owner of chattel gives it to another and has reason to know, due to youth, inexperience, or otherwise, that doing so may create an unreasonable risk of harm

Question 21

Dangerous instrumentality

Answer 21

The owner of a dangerous instrumentality is liable for the negligence of a person using it with permission

Question 22

Dram shop liability

Answer 22

In Florida, anyone who willfully gives alcohol to a minor or knowingly serves an alcoholic may be liable for what the individual does