VA Torts Flashcards
What are the elements of negligence in Virginia?
Duty, Breach, Causation, and Damages.
What is contributory negligence in Virginia?
Contributory negligence is a defense where if the plaintiff is found to be even 1% at fault, they are barred from recovering any damages.
What is the “last clear chance” doctrine in Virginia?
The last clear chance doctrine allows a plaintiff to recover despite contributory negligence if the defendant had the last opportunity to avoid the accident but failed to do so.
What is the standard of care for professionals in Virginia?
Professionals are held to the standard of care that is customary in their profession in similar circumstances.
What is the “Eggshell Plaintiff” rule in Virginia?
The defendant must take the plaintiff as they find them, meaning they are liable for all damages caused, even if the plaintiff has a pre-existing condition that makes the injuries worse.
What are punitive damages in Virginia?
Punitive damages are awarded to punish the defendant for egregious conduct and deter future similar actions. They are capped at $350,000 in Virginia.
What is the statute of limitations for personal injury claims in Virginia?
The statute of limitations for personal injury claims is generally two years from the date of the injury.
What is the “res ipsa loquitur” doctrine?
Res ipsa loquitur allows the inference of negligence when the accident is of a type that does not occur without negligence, the defendant had exclusive control, and the plaintiff did not contribute to the cause.
What are the elements of defamation in Virginia?
Defamatory statement, publication, fault, falsity, and damages.
What is the difference between libel and slander in Virginia?
Libel is written defamation, while slander is spoken defamation.
What is the standard for proving intentional infliction of emotional distress (IIED) in Virginia?
The conduct must be intentional or reckless, outrageous and intolerable, causally connected to the emotional distress, and the distress must be severe.
What is the “attractive nuisance” doctrine?
Property owners may be liable for injuries to children trespassing on land if an artificial condition attracts children and poses an unreasonable risk of harm.
What is the doctrine of “strict liability” in Virginia?
Strict liability applies to inherently dangerous activities where the defendant is liable for damages regardless of fault or negligence.
What is “assumption of risk” in Virginia?
Assumption of risk is a defense where the plaintiff knowingly and voluntarily assumed the risk of harm, thereby barring recovery.
What are the elements of false imprisonment in Virginia?
Intentional confinement, without lawful justification, of a person within fixed boundaries, and the person is aware of the confinement or harmed by it.
