immunity and defenses; strict and product liability

Question 1

VA tort claims act

Answer 1

limits liability of gov employee

Question 2

max under va tort claims act

Answer 2

100k or max limit, whichever is greater

Question 3

limits apply when

Answer 3

d is a commonwealth empoyee who cause property damge, pi, or death w/in scope of employment

Question 4

VA has abolished

Answer 4

parental immunity

Question 5

Charitable immunity

Answer 5

immune from negligence for act of its agents

Question 6

hospital organized as charitable org protected when

Answer 6

1) no cost
2 takes patient with express agreement of no cost

Question 7

va follows

Answer 7

contributory negligence

Question 8

contributory negligence acts like a

Answer 8

bar to recovery

Question 9

need to show contributory negligence

Answer 9

1) p’s negligence is a substantial cause of injury and
2) negligence occurs at the same time as d’s negligence

Question 10

exculaptory clauses

Answer 10

limiting liability aint happening

Question 11

spectators to athletic events

Answer 11

duty to exercise reasonable care

Question 12

Assumption of risk

Answer 12

is a complete defense

Question 13

strict products liability

Answer 13

not allowed in VA

Question 14

must be brought under

Answer 14

negligence theory (didnt tell me i had to do something) or breach of warranty theory

Question 15

dangerous dog

Answer 15

must be muzzled and leashed

Question 16

failure to do so is

Answer 16

negligence per se

Question 17

for manufactureres

Answer 17

product must be fit for the ordinary purpose

Question 18

to win on a negligence or breach of warranty theory

Answer 18

1) product was unreasonably dangerous for the use or some other foreseeable purpose
2) existed at time product left manufacturer

Question 19

unreasonably dangerous includes

Answer 19

design, assembly, manufacture, inadequate warning

Question 20

manufacturer is liable for

Answer 20

foreseeable misuse of the property

Question 21

lack of privity

Answer 21

not required

Question 22

on breach of implied warranty

Answer 22

d is not permitted to raise p’s contributory negligence or assumption of risk