PA Bar Torts 2 — Questions and Answers
Question 1: Under Pennsylvania defamation law, a private-figure plaintiff need only prove which standard of fault to recover?
- Actual malice (knowledge of falsity or reckless disregard)
- Negligence (Correct answer)
- Strict liability
- Gross negligence
Correct answer: Negligence
Following Gertz v. Robert Welch and Pennsylvania's adoption thereof, private-figure plaintiffs must prove at least negligence by the defendant to recover compensatory damages for defamation.
Question 2: Pennsylvania's 'discovery rule' tolls the statute of limitations in tort actions until the plaintiff:
- Is diagnosed by a physician
- Knows or should have known in the exercise of reasonable diligence that they have been harmed and that the harm was caused by another party's conduct (Correct answer)
- Retains an attorney
- Files an administrative claim
Correct answer: Knows or should have known in the exercise of reasonable diligence that they have been harmed and that the harm was caused by another party's conduct
Pennsylvania's discovery rule delays accrual of the statute of limitations until the plaintiff knew or reasonably should have known of the injury and its causal relationship to the defendant's conduct.
Question 3: Under Pennsylvania law, a defendant in a negligence action may be held liable for the plaintiff's full damages even if only a minor contributing cause, under which doctrine?
- Joint and several liability (abolished for most cases) (Correct answer)
- The last clear chance rule
- Res ipsa loquitur
- Superseding cause
Correct answer: Joint and several liability (abolished for most cases)
Pennsylvania partially retained joint and several liability: a defendant found more than 60% liable may be jointly and severally liable for the plaintiff's entire damages, while defendants less than 60% at fault pay only their proportionate share.
Question 4: Under Pennsylvania law, res ipsa loquitur allows a plaintiff to infer negligence when:
- The defendant refuses to produce documents in discovery
- The accident is of a kind that ordinarily does not occur without negligence, the instrumentality was in the defendant's exclusive control, and the plaintiff did not contribute to the harm (Correct answer)
- Any expert testifies that negligence occurred
- The defendant had prior complaints about the same condition
Correct answer: The accident is of a kind that ordinarily does not occur without negligence, the instrumentality was in the defendant's exclusive control, and the plaintiff did not contribute to the harm
Pennsylvania applies res ipsa loquitur when: (1) the accident does not ordinarily occur without negligence; (2) the instrumentality was in the defendant's exclusive control; and (3) the plaintiff did not contribute to the accident.
Question 5: Pennsylvania law imposes strict liability for abnormally dangerous activities under which standard?
- Negligence per se whenever a statute is violated
- The Restatement (Second) of Torts § 519-520 multi-factor test for abnormally dangerous activities (Correct answer)
- Any commercial activity that causes harm
- Activities conducted without a permit
Correct answer: The Restatement (Second) of Torts § 519-520 multi-factor test for abnormally dangerous activities
Pennsylvania adopts Restatement § 519-520, which imposes strict liability for abnormally dangerous activities by considering factors like the degree of risk, inappropriateness to the location, and the activity's inability to be made safe by reasonable care.
Question 6: Pennsylvania's wrongful death statute, 42 Pa. C.S. § 8301, allows recovery for which categories of damages?
- Pain and suffering of the decedent only
- Financial contributions the decedent would have made to the family, plus loss of services, companionship, and guidance (Correct answer)
- Only funeral and medical expenses
- Punitive damages automatically
Correct answer: Financial contributions the decedent would have made to the family, plus loss of services, companionship, and guidance
Pennsylvania's wrongful death statute permits recovery of the pecuniary losses suffered by the decedent's survivors, including lost financial contributions, services, society, comfort, and guidance.
PA Bar Torts 2
Under Pennsylvania defamation law, a private-figure plaintiff need only prove which standard of fault to recover?