WV Bar Torts

Question 1

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

Accepted Answer

Two years

Answer

West Virginia Code § 55-2-12 provides a two-year statute of limitations for personal injury actions including most tort claims.

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

West Virginia follows modified comparative fault with the 50% bar rule — a plaintiff who is 51% or more at fault is barred from recovery entirely.

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

Negligence per se applies when a statute is violated and the plaintiff is within the class of persons the statute was designed to protect and suffered the type of harm the statute was designed to prevent.

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

West Virginia follows the Restatement (Second) of Torts § 402A strict products liability, holding sellers liable for unreasonably dangerous product defects regardless of negligence.

Question 5

The intentional tort of battery requires:

Accepted Answer

Harmful or offensive contact with the plaintiff's person

Answer

Battery is the intentional harmful or offensive contact with another person's body; actual injury is not required — offensiveness alone satisfies the contact element.

WV Bar - West Virginia Bar Exam Practice Test

WV Bar - West Virginia Bar Exam Practice Test

WV Bar Torts