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

The WPLA provides a comprehensive statutory framework covering all three classic defect categories: manufacturing defects, design defects, and inadequate warnings or instructions.

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

RCW 7.72.060 provides a three-year discovery-based statute of limitations running from when the claimant discovered or reasonably should have discovered the harm and its cause.

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

Washington's tort of outrage requires conduct that is intentional or reckless, extreme and outrageous beyond what civilized society would tolerate, and that actually causes severe emotional distress.

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

For private figures suing on matters of private concern, Washington follows the Gertz framework and requires the plaintiff to establish at least negligence as to the falsity of the statement.

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

Washington retains the traditional common law rule that landowners owe undiscovered trespassers only a duty to refrain from willful or wanton injury.

WA Bar - Washington Bar Exam Practice Test

WA Bar - Washington Bar Exam Practice Test

WA Bar Washington Torts 2