OH Bar Torts and Negligence 3

Question 1

A store patron slips on spilled juice that had been on the floor for two hours. To recover against the Ohio store owner, the patron must generally show:

Accepted Answer

The owner had actual or constructive notice of the hazard

Answer

Premises liability for invitees requires actual or constructive notice of the hazard, which a two-hour duration can establish constructively.

Question 2

Under Ohio's employer intentional tort statute (R.C. 2745.01), an injured employee suing the employer outside workers' compensation must prove the employer acted with:

Accepted Answer

Deliberate intent to injure or belief injury was substantially certain

Answer

R.C. 2745.01 limits employer intentional torts to deliberate intent to injure, defining 'substantially certain' as requiring that same deliberate intent.

Question 3

A driver violates an Ohio statute requiring headlights after dusk and collides with a pedestrian. The statutory violation constitutes:

Accepted Answer

Negligence per se, though the plaintiff must still prove causation and damages

Answer

Violation of a specific safety statute is negligence per se in Ohio, but proximate cause and damages remain the plaintiff's burden.

Question 4

In Ohio, a claim for negligent infliction of emotional distress by a bystander generally requires that the plaintiff:

Accepted Answer

Witnessed or was in the zone of danger of a real physical peril

Answer

Ohio limits NIED recovery to plaintiffs who observed or were exposed to actual physical peril, causing serious emotional distress.

Question 5

Two defendants are found liable for the plaintiff's $100,000 noneconomic damages; Defendant A is 30% at fault and Defendant B is 70% at fault. Under Ohio's apportionment statute, Defendant A owes:

Accepted Answer

$30,000, because liability for noneconomic damages is several only

Answer

Ohio abolished joint and several liability for noneconomic damages, making each defendant liable only for its proportionate share.

(OH Bar) Ohio Bar Exam Practice Test

(OH Bar) Ohio Bar Exam Practice Test

OH Bar Torts and Negligence 3