Torts and Negligence Flashcards

A manufacturer sells a lawnmower with no guard over the blade. In a product liability claim under the Indiana Product Liability Act based on a design defect, the plaintiff must generally prove the manufacturer:

Answer: Failed to exercise reasonable care in designing the product

Indiana applies a negligence standard to design defect and warning claims, reserving strict liability for manufacturing defects.

A tavern continues serving a visibly intoxicated patron who then drives and injures another motorist. Indiana's Dram Shop Act imposes liability on the tavern if it:

Answer: Had actual knowledge the patron was visibly intoxicated and the intoxication proximately caused the injury

Indiana's dram shop statute requires actual knowledge of visible intoxication plus proximate causation.

A trespassing 8-year-old drowns in an unfenced backyard pool with an inviting slide. The strongest theory against the landowner is:

Answer: The attractive nuisance doctrine for artificial conditions dangerous to children

The attractive nuisance doctrine imposes a duty of reasonable care toward child trespassers when an artificial condition poses foreseeable danger children cannot appreciate.

A newspaper publishes a false statement about a private individual on a matter of public concern. Under constitutional defamation principles, the plaintiff must prove at least:

Answer: Negligence as to the falsity of the statement

Under Gertz, private-figure plaintiffs suing on matters of public concern must prove at least negligence regarding falsity.

A pizza delivery driver, while on his route, deliberately swerves to hit a cyclist he recognizes as a personal enemy. The pizza company is most likely:

Answer: Not vicariously liable because the intentional act was outside the scope of employment and motivated by personal animus

Respondeat superior does not extend to intentional torts driven purely by personal motives unrelated to serving the employer.

In Indiana, when a jury allocates fault among the plaintiff, defendant, and a nonparty, the defendant may name a nonparty in its defense primarily to:

Answer: Reduce its own percentage of fault by attributing fault to the absent actor

Indiana's Comparative Fault Act allows a nonparty defense so fault can be allocated to an absent actor, lowering the named defendant's several share.

A neighbor's factory emits loud noise and odors nightly, substantially interfering with a homeowner's sleep and use of her property. Her best claim is:

Answer: Private nuisance

Private nuisance addresses substantial and unreasonable interference with the use and enjoyment of land.