Busy. Please wait.
or

show password
Forgot Password?

Don't have an account?  Sign up 
or

Username is available taken
show password

why


Make sure to remember your password. If you forget it there is no way for StudyStack to send you a reset link. You would need to create a new account.
We do not share your email address with others. It is only used to allow you to reset your password. For details read our Privacy Policy and Terms of Service.


Already a StudyStack user? Log In

Reset Password
Enter the associated with your account, and we'll email you a link to reset your password.
Don't know
Know
remaining cards
Save
0:01
To flip the current card, click it or press the Spacebar key.  To move the current card to one of the three colored boxes, click on the box.  You may also press the UP ARROW key to move the card to the "Know" box, the DOWN ARROW key to move the card to the "Don't know" box, or the RIGHT ARROW key to move the card to the Remaining box.  You may also click on the card displayed in any of the three boxes to bring that card back to the center.

Pass complete!

"Know" box contains:
Time elapsed:
Retries:
restart all cards
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.

  Normal Size     Small Size show me how

Torts

Common Torts + GA Distinctions

QuestionAnswer
Effect of a party dying during a tort claim No tort action is abated as a result of party's death during the action. Personal representatives may continue with the action.
Wrongful Death Plaintiffs & Damages Possible plaintiffs: Surviving Spouse, Child or Parent Damages: measured by the loss of the decedent spouse's consortium or companionship determined by the "enlightened conscience of impartial jurors"
Negligent Infliction of Emotional Distress Claim GA doesn't follow zone of danger rule. Requires physical impact to the P caused by the D & the physical impact causing the mental suffering. Parent may recover under the Common Force Rule when child dies from impact that impacts parent
Family Purpose Doctrine (vehicles) Vehicle owner has vicarious liability when a family member drives vehicle that causes accident if owner permitted member to drive, exercised agency over member, and vehicle used for family purpose.
Med. Malpractice Procedural Requirement The complaint must be accompanied by an affidavit
Good Samaritan Law ANY person (including licensed) who in good faith renders EMERGENCY care at scene of accident without any charge is not liable for civil damages.
Charitable Immunity Immunity for incorporated hospitals for negligence of employees against claims by persons who do not pay for medical services. Does not apply if hosp fails to exercise care in selection or retention of his officers/servants.
Medical Malpractice Informed Consent Claims Only applies to diagnostic or surgical procedures. Consent must be obtained after P receives diagnostic, nature & purpose of procedure, risks, success chances, alternatives, prognosis.
Standard of Proof for Med Malpractice - Emergency, Surgical & OB context Gross Negligence by Clear & Convincing Evidence
Childhood tort liability In GA, children 13 and under are statutorily immune from all tort liability
Liability if dog kills livestock If not on keeper's premises, keeper will be liable for damages & costs of action.
Liability if dog bites person Not strict liability unless violation of leash law or dangerous propensity (first bite rule) FBR: (1) dog was dangerous & (2) owner knew it.
Premises liability of owner to invitee Invitee aka customer - Duty of ordinary care
Premises liability of owner to licensee Licensee aka social guest - liable for willful or wanton injury
Premises liability to trespasser no duty except to not cause wanton or willful injury Except: Attractive nuisance doctrine
Nuisance A nuisance is anything that causes hurt, inconvenience, or damage to another and the fact that the act done may otherwise be lawful shall not keep it from being a nuisance.
Interference with business relations Acted improperly w/r/t P's business relations w/ 3rd party Lacked privilege Intended to induce 3rd party & P harm caused by D
Abusive Litigation Takes part in civil proceedings against another if such person acts w/ malice & without substantial justification. P must issue written notice. D has affirmative defenses (1) withdraw (2) good faith (3) success on claim.
Examples of when damages are presumed in slander Imputing to another a crime punishable by law Alleging contagious disorder or guilty of debasing act Making allegations against person w/ ref to profession
Elements of defamation defamatory statement of and concerning P Publication to 3P Damages
Libel Two types: Per se - special damages are presumed. Defamatory meaning facially evident. Per Quod - special damages must be proven. Defamatory meaning only to those w knowledge of extrinsic facts.
Respondeat Superior in Slander Not applicable unless master directed agent to make statement.
Strict Product Liability Manuf. of a new product that is sold directly or through a third party is subject to tort liability from any person who uses, consumes or is affected; sustains injury to himself or property; if the product was not merchantable or reasonably suited to use
Comparative Negligence GA adheres to this. Limits amount of recovery. Damages are diminished by the jury in proportion to the degree of fault attributable to P. If fault of P = or > D, acts as a bar.
GA Torts Claims Act Waives sovereign immunity for torts of STATE emp that occur when acting within scope of employment. -Doesnt apply to local gov't, discretionary duties, failure to exer. due care implementing law, failing 2 provide services, intent torts, insurance
GA Torts Claims Act Damage Limit $1MM per occurrence per person; $3mm per occurrence total aggregate liability
Shopkeepers Privilege Detention of a purported shoplifter is privileged if (1) P had behaved in manner as to cause reasonable man to believe P was shoplifting OR (2) that the manner of detention or arrest was under all circumstances reasonable
Types of damages General - Pain & Suffering (presumed) Special - lost wages, expenses, med care, funeral (must be proven) Compensatory - actual damages, loss of property, etc
Punitive damages available when Aggravating circumstances exist. Tortious conduct showed fraud, wantonness, entire want of care. Capped at $250k exc: product liability & when D acted w/ intent to cause harm or when D acted while under influence.
Collateral Source Rule Permits P to recover damages from D even when P has a 3rd party source of compensation. Inadmissible as evidence too.
Created by: tkierner