PA Bar Torts

Question 1

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

Accepted Answer

Less than 50% (does not exceed 50%)

Answer

Zero percent

Answer

Less than 51%

Answer

Not the sole proximate cause

Question 2

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

Accepted Answer

No duty, except to refrain from willful and wanton misconduct

Answer

A duty of reasonable care

Answer

A duty to warn of all known hazards

Answer

A duty to inspect for hazards

Question 3

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

Accepted Answer

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

Answer

Any child ever enters the property

Answer

The child is under age 5 only

Answer

The hazard is visible from a public road

Question 4

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

Accepted Answer

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

Answer

Causes any injury to any consumer

Answer

Has not been approved by a federal regulatory agency

Answer

Lacks a warning label

Question 5

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

Accepted Answer

General (non-economic) damages

Answer

Nominal damages only

Answer

Punitive damages as a matter of right

Answer

Statutory cap damages

Question 6

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

Accepted Answer

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

Answer

Merely offensive or embarrassing

Answer

Negligent and results in any emotional upset

Answer

Directed at a public figure or official