Torts Flashcards

Pennsylvania adopted a modified comparative negligence system. Under 42 Pa. C.S. § 7102, a plaintiff may recover damages only if their own negligence is:

Answer: Less than 50% (does not exceed 50%)

Pennsylvania's comparative negligence statute bars recovery if the plaintiff's negligence is greater than the defendant's negligence (i.e., plaintiff cannot recover if their fault exceeds 50%).

Under Pennsylvania law, which duty of care does a landowner owe to an undiscovered trespasser?

Answer: No duty, except to refrain from willful and wanton misconduct

Pennsylvania follows the common law rule that a landowner owes an undiscovered trespasser no duty of ordinary care and only must refrain from willful or wanton misconduct that injures the trespasser.

Pennsylvania's attractive nuisance doctrine imposes a duty of reasonable care on landowners toward child trespassers when:

Answer: The landowner knows children are likely to trespass, the condition involves unreasonable risk of harm, and the child would not appreciate the danger

The attractive nuisance doctrine applies when the landowner knows or should know children likely trespass, a dangerous artificial condition exists, and the child's youth prevents appreciation of the risk, making the burden of precaution slight compared to the risk.

Under Pennsylvania strict liability law (Restatement (Second) of Torts § 402A), a product is defective when it:

Answer: Is in a defective condition unreasonably dangerous to the user or consumer

Pennsylvania adopted § 402A strict products liability, which requires that the product be in a defective condition unreasonably dangerous to the user or consumer; the defect may be in design, manufacture, or failure to warn.

Pennsylvania recognizes which type of damages in negligence actions to compensate for non-economic losses such as pain and suffering?

Answer: General (non-economic) damages

Pennsylvania allows recovery of general non-economic damages including pain and suffering, emotional distress, and loss of enjoyment of life in personal injury cases; Pennsylvania does not cap non-economic damages in most cases.

Under Pennsylvania law, the tort of intentional infliction of emotional distress requires conduct that is:

Answer: Extreme and outrageous, intentional or reckless, and causes severe emotional distress

Pennsylvania's IIED tort requires that the defendant's conduct was extreme and outrageous, intentional or reckless in causing distress, and that the plaintiff suffered severe emotional distress as a result.