Torts and Negligence Flashcards
7 cards from real KY BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Torts and Negligence flashcards as text
In a Kentucky negligence case, a plaintiff seeks punitive damages. Under KRS 411.184, she must prove the defendant acted with oppression, fraud, or malice by what standard?
Answer: Clear and convincing evidence
Kentucky's punitive damages statute requires proof of oppression, fraud, or malice by clear and convincing evidence.
A products liability plaintiff sues a Kentucky retailer that merely sold a sealed, defective product manufactured by an identifiable, solvent manufacturer. Under Kentucky's middleman statute, the retailer is:
Answer: Generally shielded from liability if it did not alter the product and had no knowledge of the defect
KRS 411.340 protects non-negligent middlemen who sell products in their original condition when the manufacturer is identified and subject to suit.
A homeowner uses a spring gun to protect an unoccupied vacation cabin, and a burglar is seriously injured. In a tort action by the burglar, the homeowner is:
Answer: Liable, because deadly mechanical devices cannot be used solely to protect property
Deadly force is never permitted merely to protect property, so a spring gun that inflicts serious injury creates liability even to a trespassing burglar.
A plaintiff settles with one of two joint tortfeasors before trial in Kentucky. At trial against the remaining defendant, the jury's award against that defendant is determined by:
Answer: The remaining defendant's own percentage of fault, with fault apportioned to the settling tortfeasor
Under KRS 411.182, fault is apportioned among all parties including settling tortfeasors, and the non-settling defendant pays only its own share.
An off-duty police officer working private security shoots an unarmed shoplifter fleeing with merchandise. The strongest tort theory against the officer is:
Answer: Battery, because deadly force was unreasonable to stop a nonviolent property offense
Intentionally shooting someone is a battery, and using deadly force against a nonviolent fleeing shoplifter is not privileged.
A Kentucky plaintiff discovers three years after surgery that a misdiagnosis caused her ongoing harm, which she could not reasonably have detected earlier. Her medical negligence claim is:
Answer: Timely if filed within one year of when she discovered or reasonably should have discovered the injury, subject to the five-year outer limit
Kentucky applies a discovery rule to medical negligence, running the one-year period from actual or constructive discovery, with a five-year statute of repose under KRS 413.140(2).
A utility company maintains a downed power line for days after a storm despite repeated reports, and a child is electrocuted. Which combination best supports punitive damages?
Answer: Conscious disregard of a known risk amounting to gross negligence or malice
Punitive damages in Kentucky require more than ordinary negligence, such as wanton or reckless disregard for the safety of others.
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