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FBBE Florida Tort Law Flashcards

6 cards from real FBBE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 6 FBBE Florida Tort Law flashcards as text
  1. Under Florida law, what is the 'impact rule' in the context of negligent infliction of emotional distress?

    Answer: Plaintiff must prove physical impact caused by defendant's negligence before recovering for emotional distress

    Florida's impact rule generally requires that a plaintiff suffer a physical impact resulting from the defendant's negligence before recovering for emotional distress damages.

  2. A Florida landowner discovers a trespasser injured on his unguarded swimming pool. Under what doctrine may the landowner owe a duty to child trespassers?

    Answer: Attractive nuisance doctrine

    The attractive nuisance doctrine imposes a duty of reasonable care on landowners for artificial conditions that foreseeably attract and injure child trespassers.

  3. Under Florida law, what is the maximum time period in which a medical malpractice action must be filed from the date of the incident?

    Answer: 2 years from discovery, 4 years absolute

    Florida Statutes § 95.11(4)(b) requires medical malpractice actions to be filed within 2 years of discovery and imposes a 4-year absolute statute of repose.

  4. Under Florida's wrongful death statute, who may recover damages for the decedent's pain and suffering prior to death?

    Answer: The decedent's estate

    Under Florida Statutes § 768.21, the decedent's estate may recover for the decedent's pain and suffering experienced between injury and death.

  5. Which of the following is a required element for a Florida nuisance claim?

    Answer: Unreasonable interference with the use and enjoyment of plaintiff's property

    A private nuisance claim in Florida requires proof that the defendant unreasonably interfered with the plaintiff's use and enjoyment of their property.

  6. Under Florida's Dram Shop Act, when may a licensed alcohol vendor be held liable for injuries caused by an intoxicated patron?

    Answer: Only when the vendor sold alcohol to a person who was habitually addicted to alcohol or to a minor

    Florida Statutes § 768.125 limits dram shop liability to cases where the vendor knowingly sold alcohol to a minor or to a person habitually addicted to alcohol.

FBBE Florida Tort Law Flashcards — FBBE Study Cards with Answers