Torts and Negligence Flashcards

Under the Louisiana Products Liability Act (LPLA), which of the following is NOT a recognized theory of recovery against a manufacturer?

Answer: Absolute strict liability for inherently dangerous products regardless of any defect

The LPLA provides four exclusive theories: construction/composition defect, design defect, inadequate warning, and breach of express warranty — it does not impose absolute strict liability merely because a product is dangerous.

Under the LPLA, to prevail on a design defect claim, a plaintiff must prove:

Answer: An alternative design existed that could have prevented the damage and its risk-utility was superior to the design actually used

LPLA design defect claims require proof that a reasonable alternative design existed and that its risk-utility benefits outweighed those of the product as designed.

Under Louisiana Revised Statute 9:2800.6, to recover against a merchant for injuries caused by a hazardous condition on the premises, the plaintiff must prove:

Answer: That the merchant had actual or constructive notice of the condition, or that the merchant created the condition

R.S. 9:2800.6 places the burden on the plaintiff to prove the merchant had actual or constructive notice of the condition (knew or should have known) or that the merchant created it.

Under Louisiana law, what duty does a landowner owe to a licensee (such as a social guest) who enters the property?

Answer: A duty to warn of known hidden dangers that the licensee is unlikely to discover on their own

A landowner owes a licensee a duty to warn of known dangers that are not reasonably apparent, but the landowner need not inspect for unknown dangers as would be required for an invitee.

For the intentional tort of battery in Louisiana, the required intent element is:

Answer: The intent to commit the act that results in offensive or harmful contact with the victim

Battery requires intent to commit the act that causes contact; the defendant need not intend harm — only the intentional touching itself satisfies the intent element.

A Louisiana landowner sets a concealed spring-loaded trap on their property and a trespasser is seriously injured by it. Under Louisiana law:

Answer: The landowner may be liable because even trespassers are protected from willful, wanton, or intentional injury

Even toward trespassers, landowners are prohibited from intentionally or wantonly injuring them; setting hidden traps is the classic example of willful conduct that creates liability to trespassers.

The attractive nuisance doctrine in Louisiana may impose liability on a landowner for injuries to a child trespasser when the landowner:

Answer: Maintained an artificial condition likely to attract children that posed an unreasonable risk of harm they could not appreciate

Attractive nuisance liability arises when a landowner maintains an artificial dangerous condition that is likely to attract children who may not appreciate its risk, creating a duty of reasonable care toward those child trespassers.