Negligence

Question 1

Duty: Good Samaritan Statute

Answer 1

• Protects people from liability who render emergency care in good faith and without compensation
• Protects people who render emergency childbirth to a woman in labor from all but gross negligence
• Protects people who render emergency service to an animal at the scene of the injury
• Protects emergency personnel (ambulance, Firefighters) from anything but gross, willful, wanton negligence/misconduct

Question 2

Duty: Employer Duty

Answer 2

• No affirmative duty for an employer to act in regards to their employee. They cannot be charged with negligence based on their duty to supervise the employee
• this is compared to MBE where the employer has an affirmative duty to control reasonably

Question 3

Duty: Standard of Care for Children

Answer 3

• Irrefutable presumption that children under 7 cannot commit negligence
• Refutable presumption that a child between 7-14 cannot commit negligence

Question 4

Duty: Standard of care for Physicians

Answer 4

• Holds them to the standard of other licensed physicians in VA (unless the traditional locality standard is better suiting)
• This is compared to the MBE where physicians are held to a national standard

Question 5

Duty: Standard of Care for Common Carriers and Innkeepers

Answer 5

• They have the upmost care. Have to protect against reasonably foreseeable injury from a third party
• This is compared to the MBE where the Common carrier has the upmost standard, but the innkeeper is just reasonable

Question 6

Duty: Standard of Care to Tresspassers; Applied Nuisance Doctrine

Answer 6

• Abolished in VA
• However they will be liable for hidden dangers that are readily accessible to children and known to be accessed by them

Question 7

Duty: Standard of Care to Invitees and Licensees

Answer 7

• Invitees: liable for injuries that the landowner should have known the invitee would not realize. No duty to protect against third party criminal acts unless (1) special relationship between criminal and owner or third party or (2) the threat is imminent
• Licensees: Duty of reasonable care

Question 8

Causation: But for cause

Answer 8

• If there are multiple actions that could have caused the negligence, VA followed the “Multiple sufficient causes test” : asks whether each cause or act alone would have been a factual cause of the harm
• Compare this to the MBE which follows the substantial factor

Question 9

Causation: Proximate Causation Superseding Clause

Answer 9

• in order to break the chain of causation it must completely sever the D’s negligence

Question 10

Damages: Medical Malpractice Cap

Answer 10

-2,250,000 starting in 2017, rising by 50k each year until 2031

Question 11

Damages: Collateral Source Rule

Answer 11

• VA has the traditional collateral source rule: meaning that a third party payment will not limit the D’s ability to pay
• Compare this to the MBE where most states have limited

Question 12

Damages: Punitive Damages Standard and Cap

Answer 12

• Punitive damages allowed if the D acted with malice, or a willful and wanton disregard for the P’s rights (or for employer’s vicarious liability, if the employer ratified the conduct)
• cap is 350k

Question 13

Special Rules: NIED

Answer 13

• in VA must have suffered a physical ailment (vomiting, passing out, etc.)

Question 14

Special Rules: Loss of Consortium

Answer 14

• Doesn’t exist in VA

Question 15

Vicarious Liability

Answer 15

• No family purpose doctrine for family car liability
• No automatic liability for a car owner for lending the car to another unless they were negligent in doing so

-parents only vicariously liable for up to 2500 for their kids negligence

• no dram shop statutes

Question 16

Immunity: Government Immunity

Answer 16

• the VCTA limits liability of a state employee
• liable only up to 100k or the amount limited in the insurance policy, whichever is greater
• only applies to a government employee who causes PI or property damage in the scope of their employment

Question 17

Immunity: Parental Immunity

Answer 17

• No parental immunity for intentional torts or motor vehicle accidents

Question 18

Immunity: Charitable Immunity

Answer 18

• no negligence for a charity for the negligent acts of its agents
• only applies to beneficiaries of the charity
• only applies to hospitals if they do not charge you for their service or say that they are treating you charitably

Question 19

Defenses: Contributory Negligence

Answer 19

• VA follows strict contributory negligence
• requirements for contributory negligence is (1) the P’s negligence is a substantial cause of their injury and (2) it occurred at the same time as the D’s negligence

Question 20

Defenses: Assumption of Risk

Answer 20

• an owner has a duty to reasonably care for sports attendees, despite their implied assumption
• But if a plaintiff voluntarily assumes a known risk (judged subjectively), it is a total bar