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
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.
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.
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.
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.
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.
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.