Torts Flashcards
1
Q
To prevail in NIED, a plaintiff must prove what in Florida?
A
- Physical impact upon their person OR
- The manifestation of emotional distress in the form of a physical injury or illness.
2
Q
True or False
Res Ipsa Loquitor is not availabe when it is a warranty action.
A
True, it is not available during a warranty action.
3
Q
Can both a parent and child recover for loss of services as a result of a defendant’s tortious conduct?
A
Yes, both a parent and a child may recover for loss of services based on a parent or child’s injury due to a defendant’s tortious conduct.
4
Q
What must a public figure plaintiff in a defamation action prove?
A
The plaintiff must prove actual malice. Actual malice requires that the defendant act with knowledge that the statement was false or with reckless disregard as to its truth.
