va torts Flashcards
In Virginia, the plaintiff must prove the intentional infliction of emotional distress by _________________________________ and _________________________________ evidence.
clear
convincing
The normal civil standard – preponderance of the evidence – is not enough.
Virginia law defines false imprisonment as an illegal _________________________________ on the plaintiff’s freedom.
This does not require that the defendant actually _______________________________ the plaintiff.
Once the plaintiff makes out a ___________________________ case of false imprisonment, the burden shifts to the ______ to show that the restraint was legal or justified.
restraint
imprison
prima
defendant
In Virginia, a defendant can convert intangible personal property rights that arise from or that are merged into a _________________________________.
document (stock, promissory note)
The Virginia Good Samaritan law protects from negligence liability anyone who renders emergency care in good faith and without _________________________________.
compensation
The Virginia Good Samaritan law protects anyone who renders emergency obstetrical care to a pregnant woman in active labor for everything but _________________________________ negligence – provided that the pregnant woman’s medical _________________________________ are not readily available.
gross
records
The Virginia Good Samaritan law protects ambulance drivers, firefighters, and other emergency personnel who are on the way to an emergency, as long as they:
Comply with warning lights and siren laws;
Are not _________________________________ negligent; and
Do not engage in _________________________________ or
_________________________________ misconduct.
grossly
willful
wanton
o Under Virginia law, an employer cannot be liable for negligence based on a duty to _________________________________ the employee
o There is no affirmative duty on the employer to act
supervise
o Under Virginia law, there is an _________________________________ presumption that a child under the age of 7 is incapable of negligence.
o There is a _________________________________ presumption that a child between the age of 7 and 14 is legally incapable of negligence because the child lacks the capacity to understand the dangers of whatever he or she is doing.
irrebuttable
rebuttable
o Virginia holds physicians and other healthcare providers to the standard of licensed physicians and other healthcare providers in _________________________________ (a state-wide standard).
o The standard applies both to general practitioners and to ___________________________. o Exception: If the traditional _________________________________ standard can be shown
to be more appropriate in a specific case, the _________________________________ standard is used instead of the state-wide standard.
Virginia
specialists
locality
locality
The Virginia courts say that common carriers and innkeepers have a duty to exercise the _________________________________ care to protect their customers and their guests from personal injury.
Additionally, the common carrier or the innkeeper has a duty to _________________________________ and to protect its customers or guests from reasonably foreseeable injury from the _________________________________ conduct of a third party.
utmost
warn
criminal
Virginia has _________________________________ the common-law attractive-nuisance doctrine; a landowner or land possessor in Virginia cannot be liable for an injury to a trespassing child on an attractive-nuisance theory.
A landowner or land possessor will be liable for leaving an instrument with a _________________________________ danger on part of her land that is easily accessible to children and that is known to be frequented by children (e.g., live electrical wires; explosives)
abandoned
hidden
In Virginia, with respect to invitees, the landowner or land possessor is liable for injuries if the landowner or land possessor _______________________________________________ known that the invitee would not realize or appreciate the danger.
The landowner or land possessor has no duty to protect the invitee from _________________________________ and _________________________________ dangers.
should have
open
obvious
The landowner’s or land possessor’s duty to the invitee extends only as far as the _________________________________ of the invitation.
scope
A host exercises reasonable care for the safety of a child social guest if the host makes sure that the child is ________ by a parent and secures the parent’s permission for the activity leading to the _________________________________.
supervised
injury
A landowner or a land possessor has a duty to carry on her activities with __________ for the safety of her _________________________________.
reasonable care
licensees
The landowner or land possessor is not under a duty merely because she has _________________________________ of prior criminal activity by unknown persons on her land or on nearby land.
But if the landowner or land possessor has knowledge that there is _________________________________ danger of criminal assault, she does have a duty to warn and protect her invitees.
knowledge
imminent
Virginia follows the Third Restatement approach when the “but-for” test fails.
Under this approach, each cause or act that alone would have been a _________________________________ cause of the plaintiff’s harm is regarded as a factual cause of the harm.
o Collectively, those causes are called “multiple _________________________________ causes.”
factual
sufficient
In Virginia in a wrongful death suit, if a physician destroyed any _________________________________ chance that the patient could survive, the physician’s conduct is treated as a proximate cause of the patient’s death.
substantial
In Virginia, the defendant’s act is the proximate cause of the plaintiff’s injury if the injury was the _________________________________ and proximate consequence of the act and if it was _________________________________.
natural
foreseeable
