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Exam 6: Negligence and Strict Liability

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Question 1

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A defendant who engages in setting off fireworks at a fully licensed Fourth of July show is liable for harm that results from the activity only if the plaintiff proves the harm was foreseeable

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Question 2

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Palsgraf v.Long Island Railroad Co.addressed the issue of furnishing alcohol to minors.

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The doctrine of contributory negligence is followed in most states.

A customer in a restaurant would be considered ________ to whom the restaurant owner owes a duty ________.

A party engaging in ultra hazardous activity is always liable for any harm that results.

On Monday,Travis took his four-wheeler to Reppart's Equipment & Service for repair because the steering was not working properly.On Friday he called Reppart's to see if his four-wheeler was ready because he wanted it for a weekend trip.Reppart's said they had done the major repairs but that the steering system still needed some work and they needed another few days to finish the repairs.Travis told them he would pick the four-wheeler up and use it for the weekend and then bring it back to have them finish their work.While riding with friends on the weekend,Travis ran into someone because the steering stuck and he couldn't swerve to avoid them.Discuss how a court would determine causation in a negligence suit against Travis.

Courts have ruled that negligently retaining a violent employee is a tort.

Johnny is hit by a car and thrown into the ditch breaking his leg. when this happens it scares Jim's cat who runs away tripping Mrs.Afton. what kind of cause is Mrs.Afton's fall.

In negligence cases the courts often refer to the term "reasonable person." What is meant by this term?

What level of owners liability does a trespassing adult have

Res ipsa loquitur shifts the burden of proof from the plaintiff to the defendant.

A plaintiff sues in negligence but has no direct proof that the defendant behaved unreasonably.Which of the following is most likely to help the plaintiff?

One morning,Miles placed a thumbtack on the chair of the office manager where he worked.He had no quarrel with the office manager,but thought this would be funny.Two days after sitting on the tack,the office manager was hospitalized with an infection caused by the tack.Which of the following is correct?

Phillip was waiting for a bus at a bus stop.Across the street and down the block,a mechanic negligently overinflated a tire he was intending to put onto Marsha's pickup truck.The exploding tire injured Marsha and frightened a neighborhood dog,which ran down the street and knocked Phillip down,injuring his knee.Phillip sued the mechanic.In applying the Palsgraf v.Long Island Railroad Co.decision to this case,Phillip would:

Under a state law,a dog owner is absolutely liable to any person who is injured by the dog.This is an example of:

In a comparative negligence state,if the plaintiff in a negligence lawsuit is found to be 30 percent negligent,the plaintiff would recover:

Bob,a weak swimmer,ignored warning signs in a recreational swimming area and went into deep water.He soon grew tired and realized that he could not make it back to shore.Seeing Kelly,he cried out for help.Kelly,however,ignored the pleas.Bob was finally saved by Dorothy,but suffered brain damage from being submerged during the ordeal.Bob now sues Kelly for negligence for failing to try to save him.Bob will:

A sports fan,injured by a hockey puck that flew into the stands during an NHL game,would be subject to the defense of assumption of the risk in a suit to recover for her injuries.

In a negligence case,the plaintiff must establish:

Punitive damages are awarded: