Tort Liability Flashcards
A Plaintiff’s contributory negligence is a complete…
bar to recovery.
A child under 7 is considered…
incapable of contributory negligence.
For children between the ages of 7 and 14, there is a…
rebuttable presumption of incapability of negligence.
Children over 14…
are presumed to be capable of negligence.
The rebuttable presumption for children between 7 and 14 in Virginia can be defeated if it can be proven that the child had…
the ability to understand and appreciate the danger, and that the child’s actions were similar to a reasonable person of like age, intelligence and experience under the circumstances.
The presumption that children over 14 can be capable of negligence can be defeated with…
enough proof that a reasonable child of similar age, intelligence, and experience could not have appreciated the danger under the specific circumstances.
For minors who operate vehicles in Virginia…
regardess of their age or maturity, will be held to the same standard of care as an adult.
[reasonably prudent under the circumstances]
In Virginia, a claim for contribution among wrongdoers may be enforced when the wrong results from…
negligence and involves no moral turpitude.
Unlike contribution, indemnity shifts the…
entire loss of another who ought to bear it [generally limited to contract claims].
By statute, a licensed doctor rendering emergency care at the scene of an accident is…
exempt from liability for any act or omission in rendering that emergency care.
