Torts Principles & Liability Rules Flashcards

A store owner knows that a wet floor near the entrance frequently causes slips but posts no warning. A customer slips and is injured. Under premises liability, what is the store owner's duty to the customer?

Answer: Duty of reasonable care because the customer is a business invitee

Business invitees are owed the highest duty of care, requiring the owner to both warn of and remedy known hazards.

During an argument, Dan shakes his fist inches from Paul's face, causing Paul to fear an immediate punch. Dan then walks away without touching Paul. Which tort best describes Paul's claim?

Answer: Assault

Assault requires an act creating reasonable apprehension of imminent harmful or offensive contact; no actual contact is needed.

A pharmaceutical company sells a drug that is properly manufactured and includes adequate warnings, but a small percentage of users suffer unavoidable side effects. Under strict products liability, is the company liable?

Answer: No, because the product was not defective in manufacture or warning

Strict products liability requires a product defect; a properly manufactured product with adequate warnings is not defective.

Alice negligently drives her car into Bob, breaking Bob's arm. Bob, a professional pianist, loses six months of income. Which element of negligence addresses Bob's lost earnings?

Answer: Damages

Damages is the element requiring actual harm, including economic losses like lost earnings, for a negligence claim to succeed.

A defendant publishes a false statement that a public figure committed fraud. To succeed in a defamation action, the public figure must prove:

Answer: The statement was false, published with actual malice, and caused harm

Under New York Times v. Sullivan, public figures must prove actual malice — knowledge of falsity or reckless disregard for the truth.

Tom intentionally starts a campfire in a dry forest during a fire ban. The fire spreads and destroys a neighbor's barn. What doctrine best supports the neighbor's recovery without proving negligence?

Answer: Strict liability for abnormally dangerous activities

Strict liability for abnormally dangerous activities applies when a defendant engages in a highly dangerous activity regardless of the care taken.

Carol is walking on a public sidewalk and trips on an uneven crack. She sues the city. The city argues governmental immunity. Under the modern trend, immunity is most likely waived for:

Answer: Proprietary functions like maintaining sidewalks

Governmental immunity is generally waived for proprietary functions — activities a private party could perform — such as maintaining public sidewalks.