WV Bar Torts

Question 1

In West Virginia, the statute of limitations for most personal injury tort claims is:

Accepted Answer

Two years

Answer

One year

Answer

Three years

Answer

Four years

Question 2

West Virginia adopted comparative fault in 1986. Under its system, a plaintiff who is 51% at fault may:

Accepted Answer

Not recover any damages

Answer

Recover full damages

Answer

Recover reduced damages proportional to defendant's fault

Answer

Recover only economic damages

Question 3

To establish negligence per se in West Virginia, a plaintiff must show the defendant violated a statute designed to:

Accepted Answer

Protect a class of persons that includes the plaintiff from the type of harm suffered

Answer

Benefit the general public

Answer

Prevent all types of accidents

Answer

Impose strict liability on tortfeasors

Question 4

Under West Virginia products liability law, a manufacturer may be held strictly liable when:

Accepted Answer

A product defect made it unreasonably dangerous and caused harm

Answer

It was negligent in manufacturing the product

Answer

The product failed to meet the buyer's expectations

Answer

The consumer did not read the product warnings

Question 5

The intentional tort of battery requires:

Accepted Answer

Harmful or offensive contact with the plaintiff's person

Answer

Actual physical injury to the victim

Answer

Fear of imminent contact

Answer

Consent to the contact withdrawn after the fact

Question 6

Which element distinguishes trespass to land from private nuisance?

Accepted Answer

Physical invasion versus interference with use and enjoyment

Answer

Intent to enter the land

Answer

Ownership of the land

Answer

Amount of damages suffered