FBBE FBBE Florida Tort Law 3

Question 1

Under Florida law, what is the 'impact rule' in the context of negligent infliction of emotional distress?

Accepted Answer

Plaintiff must prove physical impact caused by defendant's negligence before recovering for emotional distress

Answer

Plaintiff can always recover for emotional distress alone

Answer

Emotional distress claims are barred in Florida

Answer

Only family members may recover for emotional distress

Question 2

A Florida landowner discovers a trespasser injured on his unguarded swimming pool. Under what doctrine may the landowner owe a duty to child trespassers?

Accepted Answer

Attractive nuisance doctrine

Answer

Invitee doctrine

Answer

Negligence per se

Answer

Res ipsa loquitur

Question 3

Under Florida law, what is the maximum time period in which a medical malpractice action must be filed from the date of the incident?

Accepted Answer

2 years from discovery, 4 years absolute

Answer

2 years from discovery, 7 years absolute

Answer

1 year from discovery, 3 years absolute

Answer

3 years from discovery, 5 years absolute

Question 4

Under Florida's wrongful death statute, who may recover damages for the decedent's pain and suffering prior to death?

Accepted Answer

The decedent's estate

Answer

Only the surviving spouse

Answer

Any heir at law

Answer

No one — pain and suffering damages do not survive death in Florida

Question 5

Which of the following is a required element for a Florida nuisance claim?

Accepted Answer

Unreasonable interference with the use and enjoyment of plaintiff's property

Answer

Physical trespass onto plaintiff's land

Answer

Intentional conduct by the defendant

Answer

Property damage exceeding $1,000

Question 6

Under Florida's Dram Shop Act, when may a licensed alcohol vendor be held liable for injuries caused by an intoxicated patron?

Accepted Answer

Only when the vendor sold alcohol to a person who was habitually addicted to alcohol or to a minor

Answer

Any time alcohol is sold to an adult

Answer

Whenever the patron causes an accident

Answer

Only when the vendor was negligent in serving alcohol