LA Bar Torts and Negligence 3

Question 1

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

Accepted Answer

Absolute strict liability for inherently dangerous products regardless of any defect

Answer

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.

Question 2

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

Accepted Answer

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

Answer

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.

Question 3

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:

Accepted Answer

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

Answer

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.

Question 4

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

Accepted Answer

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

Answer

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.

Question 5

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

Accepted Answer

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

Answer

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.

(LA Bar) Louisiana Bar Exam Practice Test

(LA Bar) Louisiana Bar Exam Practice Test

LA Bar Torts and Negligence 3