Torts and Personal Injury Flashcards

Under Texas premises liability law, what duty does a landowner owe to an adult trespasser?

Answer: A duty to warn of known, concealed dangerous conditions that pose an unreasonable risk of serious harm

Texas landowners owe adult trespassers a duty to warn of known concealed dangerous conditions posing unreasonable risk of death or serious bodily harm.

Which of the following scenarios is most likely to satisfy the attractive nuisance doctrine?

Answer: An unfenced residential swimming pool adjacent to a neighborhood with young children

A residential swimming pool is the paradigm attractive nuisance — it is an artificial condition, poses serious drowning risk to young children, and can be cheaply fenced to eliminate the hazard.

An employee delivery driver makes a 30-minute cross-town detour to visit a friend and negligently injures a pedestrian during that detour. The employer is:

Answer: Not vicariously liable because the driver was on a frolic — a substantial personal deviation from employment duties

A 30-minute cross-town personal visit is a 'frolic' — a substantial departure from employment duties that breaks the scope of employment and eliminates respondeat superior liability.

Under the theory of negligent hiring, an employer may be held directly liable when:

Answer: The employer knew or should have known the employee posed a foreseeable risk of harm to others but hired or retained them anyway

Negligent hiring is a direct negligence claim against the employer — liability attaches when the employer knew or should have known of the employee's dangerous propensity and failed to act.

An employer gives a reference falsely stating a former employee was fired for theft. The employer's strongest defense in a defamation action is:

Answer: Qualified privilege, because the statement was made in good faith on a matter of common interest to a party with a legitimate need to know

Employment references are protected by a qualified privilege when made in good faith, but the privilege is defeated by actual malice — knowing falsity or reckless disregard for the truth.

Which statement best distinguishes public nuisance from private nuisance?

Answer: Public nuisance affects a community or the public at large; private nuisance interferes with a specific individual's use and enjoyment of land

Public nuisance affects rights common to the general public or a substantial community segment, while private nuisance is limited to interference with a specific individual's land use.

A property owner hires an independent contractor to perform hazardous asbestos abatement. The contractor negligently exposes workers to asbestos. The property owner is:

Answer: Potentially liable under the non-delegable duty exception, which applies to inherently dangerous activities

The non-delegable duty exception means certain duties — including those involving inherently dangerous activities — cannot be fully delegated; the principal may remain liable despite hiring an independent contractor.