WA Bar Washington Torts 2

Question 1

Washington's Product Liability Act (WPLA, RCW 7.72) governs which categories of product liability claims?

Accepted Answer

Manufacturing defects, design defects, and failure to warn claims

Answer

Only manufacturing defect claims against the original manufacturer

Answer

Only personal injury claims, excluding property damage and economic loss

Answer

Claims against retailers only, not upstream manufacturers or designers

Question 2

Under the WPLA, what is the statute of limitations for a product liability personal injury claim?

Accepted Answer

3 years from when the claimant discovered or reasonably should have discovered the harm and its cause

Answer

2 years from the date the product injured the plaintiff

Answer

4 years from the date the product was purchased

Answer

6 years from when the product was first sold to any consumer

Question 3

Washington recognizes the tort of outrage (intentional infliction of emotional distress) when the defendant's conduct is:

Accepted Answer

Intentional or reckless, extreme and outrageous, and actually causes severe emotional distress

Answer

Negligent and foreseeably causes the plaintiff severe emotional distress

Answer

Merely offensive or embarrassing to a reasonable person of ordinary sensibility

Answer

Any conduct that causes the plaintiff fear or apprehension of harm

Question 4

Under Washington defamation law, what level of fault must a private plaintiff prove when the defamatory statement concerns a matter of private concern?

Accepted Answer

Negligence as to the truth or falsity of the statement

Answer

Actual malice — knowledge of falsity or reckless disregard for the truth

Answer

Specific intent to harm the plaintiff's reputation

Answer

Strict liability — no fault element is required

Question 5

A Washington landowner owes which duty to an undiscovered trespasser on their property?

Accepted Answer

A duty to refrain from willful or wanton conduct that injures the trespasser

Answer

A duty of reasonable care under all the circumstances

Answer

A duty to warn of all known dangerous conditions on the property

Answer

No duty of any kind whatsoever to an undiscovered trespasser

Question 6

In Washington, what must a plaintiff prove to establish a claim for private nuisance?

Accepted Answer

Unreasonable and substantial interference with the plaintiff's use and enjoyment of their land

Answer

A physical trespass or invasion of tangible particles onto the plaintiff's property

Answer

Intentional conduct — negligent or accidental interference cannot support a nuisance claim

Answer

Interference severe enough to affect an entire neighborhood or community

Question 7

Under Washington law, the 'economic loss rule' generally operates to:

Accepted Answer

Bar negligence claims for purely economic losses in certain contexts absent physical injury or property damage

Answer

Bar all tort claims whenever a contract exists between the parties

Answer

Apply exclusively in commercial transactions between sophisticated business entities

Answer

Has been completely and expressly abolished by the Washington Supreme Court