ID Bar Torts 3

Question 1

Under the res ipsa loquitur doctrine, negligence may be inferred when:

Accepted Answer

The accident is of a kind that ordinarily does not occur without negligence, the instrumentality was in defendant's exclusive control, and plaintiff did not contribute

Answer

The injury speaks for itself without any circumstantial evidence

Answer

Defendant fails to produce evidence explaining how the accident happened

Answer

Multiple defendants could each be responsible for the harm

Question 2

Idaho Code § 6-1606 limits non-economic damages in medical malpractice cases to:

Accepted Answer

$500,000

Answer

$250,000

Answer

$350,000

Answer

No cap — Idaho does not limit non-economic damages

Question 3

Under the tort of trespass to land, liability exists even without:

Accepted Answer

Physical damage to the land

Answer

An intentional entry onto the land

Answer

Ownership of the land by the plaintiff

Answer

Notice to the defendant that entry was unwanted

Question 4

In Idaho, the learned intermediary doctrine in pharmaceutical products liability provides that:

Accepted Answer

A drug manufacturer's duty to warn runs to the prescribing physician, not the patient

Answer

Drug manufacturers must warn patients directly of all drug risks

Answer

Pharmacists bear sole responsibility for warning patients

Answer

The FDA's approval eliminates the manufacturer's duty to warn

Question 5

Under the economic loss rule in Idaho, a plaintiff generally cannot recover in tort for:

Accepted Answer

Purely economic losses without accompanying physical injury or property damage

Answer

Physical injury caused by a defective product

Answer

Property damage caused by a fire negligently set by the defendant

Answer

Medical expenses resulting from a defendant's negligence

Question 6

Under Idaho's Tort Claims Act (Idaho Code § 6-901 et seq.), which of the following is generally required before suing a governmental entity?

Accepted Answer

Filing a notice of tort claim within 180 days of the loss or injury

Answer

Obtaining a waiver of sovereign immunity from the governor

Answer

Filing suit within 90 days of the injury

Answer

Submitting the claim to binding arbitration first