Tort Class Immunities

Question 1

Tort Immunities

Answer 1

An absolute defense against a plaintiff’s tort claim

Question 2

Government or Sovereign Immunity

Answer 2

Holds the Government or its Officials immune from lawsuits of tort claims, without their permission

Question 3

Governmental Actions

Answer 3

When Governmental Bodies perform certain public protection activities (they are undertaking Governmental Functions) and are therefore immune from tort liability

Question 4

Proprietary Actions

Answer 4

When Governmental Bodies perform business like activities; this does NOT carry immunity

Question 5

Fee Standard

Answer 5

in distinguishing between governmental or proprietary, the fee standard will be applied based upon whether a Fee is assessed to users of the service

Question 6

Pecuniary Benefit Test

Answer 6

in distinguishing between governmental or proprietary:
if services is for profit, then proprietary
if services is for the common public good without economic benefit, then governmental

Question 7

Public Officers

Answer 7

The individual tort immunity granted to certain public employees (immune from personal liability for any torts committed WHILE performing their public duty);
includes legislatures, judges, police officers

Question 8

42 U.S.C. 1983

Answer 8

A Doctrine that PERMITS liability of public Officers; if the performance of their duty involves activities that deprive persons of their civil rights

Question 9

Children of Tender Years

Answer 9

young children (usually under the 7 years of age) maybe immune or are subjected to limited tort liability

Question 10

Children of Tender Years Immunity based on…

Answer 10

Immunity is based on the concept that young children are mentally and emotionally incapable for having the proper INTENT to commit intentional torts; they lack the experience and development to APPRECIATE FULLY THE SIGNIFICANCE of their actions

Question 11

Statutes of Limitations

Answer 11

statues establishing time limits within which plaintiffs may file tort actions against defendants (varies from each state and each tort)

Question 12

Workers Comp

Answer 12

Workers who are injured or killed as a result of incidents occurring during the course and scope of their employment are covered for their injuries by state worker’s compensation statues - as a result these EMPLOYERS are immune from employees suits (workers comp is considered a the employee’s sole remedy)