TX Bar Torts and Personal Injury 4

Question 1

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

Accepted Answer

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

Answer

The highest duty — to inspect the land and make all conditions safe

Answer

No duty whatsoever — landowners owe nothing to trespassers under any circumstances

Answer

The same duty of reasonable care owed to licensees

Question 2

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

Accepted Answer

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

Answer

A natural farm pond that neighborhood children occasionally swim in without permission

Answer

A large tree with low branches that children sometimes climb without permission

Answer

A steep natural hill that neighborhood children use for sledding in winter

Question 3

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:

Accepted Answer

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

Answer

Vicariously liable because the driver was on the clock during the entire shift

Answer

Vicariously liable because a 30-minute detour is a minor deviation that does not break scope of employment

Answer

Not vicariously liable because delivery drivers are typically classified as independent contractors

Question 4

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

Accepted Answer

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

Answer

The employer failed to maintain required workers' compensation insurance

Answer

Any employee commits a tort while on duty, regardless of the employer's knowledge

Answer

An employee misclassified as a contractor commits a negligent act

Question 5

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

Accepted 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

Answer

Absolute privilege, because employment references are fully immune from defamation claims

Answer

Truth (justification), since truth is a complete defense to defamation

Answer

Opinion privilege, because character assessments are always treated as protected opinion

Question 6

Which statement best distinguishes public nuisance from private nuisance?

Accepted Answer

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

Answer

Public nuisance always involves noise pollution; private nuisance involves odors or physical obstruction

Answer

Only government authorities may sue for public nuisance; any person affected may sue for private nuisance

Answer

Public nuisance requires intentional conduct; private nuisance is based solely on negligence

Question 7

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

Accepted Answer

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

Answer

Never liable because liability cannot attach to a principal for an independent contractor's torts

Answer

Not liable because the contractor's work methods are beyond the owner's control

Answer

Liable only if the owner gave specific instructions that caused the contractor's negligent act