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Exam 7: Negligence And Strict Liability

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Question 21

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Which of the following statements regarding a negligence case is correct?

A) A plaintiff must show that the defendant's act was both the factual cause of her injury as well as a foreseeable injury.
B) A plaintiff must show that the defendant's act was the factual cause of her injury even if the injury was not foreseeable.
C) A plaintiff must show that the defendant's act created a foreseeable danger even if it was not the factual cause of her injury.
D) A plaintiff does not have to show that the defendant's act either created a foreseeable danger or that the act was the factual cause of her injury.

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Question 22

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Don was driving his truck when a board fell out of the truck bed and onto the road.Alice,who was driving closely behind Don's truck,tried to avoid the board,swerved and struck a telephone pole,causing her severe injuries.Which of the following is correct?

A) Don is strictly liable to Alice for her injuries.
B) In a comparative negligence state, the actions of Don and Alice will be weighed to determine liability.
C) Don was not negligent in allowing the board to fall out of his truck.
D) Don is engaging in ultrahazardous activity.

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Question 23

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An economic study has concluded that dram shop laws are effective in reducing underage drinking,over-intoxicated drinkers and bar employee drunkeness.

Kyle was eating clam chowder soup in a restaurant when a very small piece of bone lodged in his throat.Fortunately,he was able to remove the bone with his fingers.However,he was upset by the incident and sued the restaurant for negligence.The most likely result would be:

Tommie,a six-year-old child,was seriously injured when he stuck a fork into an electrical outlet.His parents sued the restaurant where the incident occurred,claiming it should have had child protective guards on the outlets.Whether the restaurant is liable will be dependent upon whether:

Which of the following elements is not necessary to apply the doctrine of res ipsa loquitur?

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:

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

Punitive damages are awarded:

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.

Most states recognize some form of comparative negligence.

Most state legislatures have passed legislation to reimburse crime victims directly through the state government.

In a strict liability case,the courts still consider if the defendant acted in a reasonable and prudent manner.

The doctrine of contributory negligence is followed in most states.

In most states dram acts apply to:

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

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.

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

A contractor used dynamite to loosen a rocky hillside.The blast from the dynamite caused a house foundation to crack.The house was located over a half-mile away from the dynamite site.The contractor was careful when using the dynamite and no allegation of negligence is made.However,the house owner claims the contractor is liable for damage to the foundation.Is the house owner correct? Explain.

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