Torts Flashcards

Under Idaho law, the general statute of limitations for most tort claims is:

Answer: 2 years

Idaho Code § 5-219 provides a two-year statute of limitations for personal injury, professional malpractice, and most other tort claims.

The 'eggshell plaintiff' rule in tort law provides that:

Answer: A defendant takes the plaintiff as they find them and is liable for the full extent of injuries even if unforeseeable

The eggshell skull rule holds defendants responsible for the full extent of the plaintiff's injuries, even if the plaintiff had a pre-existing condition that made them more susceptible to harm.

In Idaho, public officials bringing defamation claims must prove:

Answer: Actual malice — knowledge of falsity or reckless disregard for the truth

Following New York Times Co. v. Sullivan, public officials must prove actual malice — that the defendant knew the statement was false or acted with reckless disregard for its truth or falsity.

Which of the following is a valid affirmative defense to negligence that completely bars recovery in Idaho?

Answer: Assumption of risk (express)

Express assumption of risk — where the plaintiff knowingly and voluntarily agrees to accept a specific risk — completely bars recovery in Idaho.

Under the tort of private nuisance, a plaintiff must show the defendant's interference with use and enjoyment of land is:

Answer: Intentional and unreasonable, or unintentional and negligent/abnormally dangerous

Private nuisance requires interference that is either intentional and unreasonable, or unintentional but negligent, reckless, or resulting from abnormally dangerous activity.

Under strict liability for abnormally dangerous activities, which factor is NOT relevant under the Restatement (Second) § 520?

Answer: Whether the defendant had adequate liability insurance

The six § 520 factors focus on the nature of the activity and its risk — insurance coverage is not among them.