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

Florida's impact rule generally requires that a plaintiff suffer a physical impact resulting from the defendant's negligence before recovering for emotional distress damages.

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

The attractive nuisance doctrine imposes a duty of reasonable care on landowners for artificial conditions that foreseeably attract and injure child trespassers.

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

Florida Statutes § 95.11(4)(b) requires medical malpractice actions to be filed within 2 years of discovery and imposes a 4-year absolute statute of repose.

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

Under Florida Statutes § 768.21, the decedent's estate may recover for the decedent's pain and suffering experienced between injury and death.

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

A private nuisance claim in Florida requires proof that the defendant unreasonably interfered with the plaintiff's use and enjoyment of their property.

FBBE - Florida Board of Bar Examiners Practice Test

FBBE - Florida Board of Bar Examiners Practice Test

FBBE FBBE Florida Tort Law 3