Torts Florida

Question 1

What is the business invitee rule for duty of care

Answer 1

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
* protect the invitee from them

the business owner must use reasonable efforts to warn of, and keep the premises free from, transitory objects or substances that might foreseeably give rise to loss, injury or damage.

Question 2

Are negligent intervening acts generally regarded as foreseeable?

Answer 2

Yes

Question 3

List the comparative negligence rule

Answer 3

Florida is a modified comparative negligence jurisdiction. Any contributory fault charged to the plaintiff will proportionately reduce the amount of damages awarded to the plaintiff, unless the plaintiff is found to be greater than 50% at fault for her own harm, in which case she is barred from recovering damages.

Question 4

In a comparative negligence jurisdiction, is assumption of the risk recognized as a separate defense?

Answer 4

NO

Question 5

The defendant’s intentional intrusion, physically or otherwise, into the plaintiff’s private affairs, solitude, or seclusion if the intrusion is highly offensive to a reasonable person establishes liability under what type of action?

Answer 5

Intrusion upon seclusion