Torts Flashcards

Illinois premises liability distinguishes between types of entrants. A licensee is owed a duty to:

Answer: Warn of known dangers and refrain from willful and wanton conduct

Under traditional Illinois premises liability, a landowner owes licensees (social guests) a duty to warn of known, non-obvious dangers and to refrain from willful or wanton misconduct.

Under the learned intermediary doctrine in Illinois pharmaceutical cases, a drug manufacturer's duty to warn runs primarily to:

Answer: The prescribing physician

Under the learned intermediary doctrine, a drug manufacturer satisfies its duty to warn by providing adequate warnings to prescribing physicians, who then use their professional judgment for patients.

In Illinois, the statute of limitations for personal injury tort claims is:

Answer: 2 years

Illinois provides a 2-year statute of limitations for personal injury claims under 735 ILCS 5/13-202.

Which doctrine in tort law imposes liability on an employer for torts committed by an employee acting within the scope of employment?

Answer: Respondeat superior

Respondeat superior makes employers vicariously liable for employees' tortious acts committed within the scope of their employment, without requiring the employer to be independently at fault.

Proximate cause in Illinois negligence law limits liability to harm that is:

Answer: A foreseeable result of the defendant's negligence, including foreseeable intervening causes

Proximate cause requires that the harm be a foreseeable consequence of the defendant's negligence; unforeseeable superseding causes may break the causal chain.

The tort of nuisance protects against unreasonable interference with the use and enjoyment of property. A public nuisance differs from a private nuisance in that:

Answer: Public nuisance affects the community or public at large rather than a specific private interest

A public nuisance interferes with a right common to the general public, while a private nuisance unreasonably interferes with the use and enjoyment of a specific individual's property.