Chapter 9

Darryl is jaywalking in a jurisdiction that applies contributory negligence. Slick sees Darryl in the street, notices that he is not in the crosswalk, and proceeds to hit Darryl with his vehicle because he believes that Darryl should be taught a lesson about how to cross the street. Slick does slow down somewhat and only causes Darryl some significant bruising, but Darryl is angry and sues. Which of the following is most likely to happen in a contributory negligence jurisdiction?

Darryl will be able to recover despite proof of contributory negligence on his part because Slick had a final clear opportunity to avoid the action that injured Darryl.

Which of the following is an unforeseeable event which interrupts the causal chain between the defendant's breach of duty and the damages the plaintiff suffered?

A superseding cause

Does actual cause exist in the bank's action against Teresa?

Actual causation would exist because the bank would not have been destroyed if Teresa had fulfilled her duty to drive properly.

"But for" causation refers to which of the following?

Actual cause.

Luann voluntarily stops to render aid to a biker on the side of the road who had been hit by a car. As Luann pulls over she partially blocks the view of oncoming cars. A car driven by Kellip hits Luann's car, further injuring the biker. If the biker sues Luann for their additional injuries, what statute might be a defense for Luann?

Good Samaritan statute.

Which of the following defines the danger invites rescue doctrine?

If a bystander gets injured while trying to save a victim from danger caused by the offender, then the offender is held responsible for the bystander's injuries as well

A fan at a baseball stadium is hit by a baseball. Under what circumstances could the owner of the stadium be held liable for resulting injuries?

If the stadium owner failed to fulfill its duty to provide reasonable protection because there were no barriers or other measures taken to protect game attendees from being struck by the ball.

Claudio, who has never had prior health issues, suddenly has a heart attack while driving. He runs over a student who is crossing the street, breaking her leg. Which of the following is true?

It is unlikely that the student can recover because the accident could not have been avoided even with reasonable care.

Jess sues Kathy for $10,000 for injury to his property. Kathy is able to establish that Jeff was 45% for the injured property. In this example, should Jeff receive $5,500 in damages, which of the following theories of recovery was applied?

Modified comparative negligence

Did Claudia and Sam have a duty to aid the divers in peril?

Neither Claudia nor Sam had a duty to go to the aid of the divers who were in peril.

It is a generally accepted precaution for dentists to warn patients of risks and exercise extra caution when patients are on anticoagulants (blood thinners) and must undergo dental procedures. A dentist fails to alert a patient (who the dentist knows is on anticoagulants) of the risks of a procedure the patient is about to undergo that is dangerous to someone on blood thinners. The patient experiences near-fatal bleeding due to the procedure. The plaintiff decides to sue for malpractice but the dentist says he was unaware of the need to warn patients on blood thinners of possible risks. Is the dentist going to be successful in his defense?

No, because a professional cannot defend against a negligence suit by claiming ignorance of generally accepted principles in his or her field of expertise.

A teenager plays Grand Theft Auto and runs over people in the game. The teen decides to recreate the game in real life, driving his vehicle up onto the sidewalk and running over two people. The victims pursue a claim against the maker of Grand Theft Auto for negligence, arguing the game makers had a duty of care. Are the victims likely to prevail?

No, because courts have consistently found it is not foreseeable that playing certain video games or viewing certain websites would result in users committing murder.

Under which of the following does the court determine the percentage of fault of the defendant with the defendant then being liable for that percentage of the plaintiff's damages, with no requirement that the defendant be more than 50% at fault?

Pure comparative negligence.

What is the final required element of a negligence action?

Seeking damages.

While out for a bike ride, Huifen sees a child playing alone and unsupervised near the road. Which of the following is true?

She has no duty to render assistance to the child

Which of the following is true regarding negligence under South African law?

South African law recognizes that one way to determine negligence is by determining whether the defendant could have prevented the consequent damages

All but which of the following is a requirement for a plaintiff to establish that a defendant is strictly liable?

The act involved cannot occur without a superseding cause

Punitive damages are most likely to be awarded against Naomie if:

The court finds Naomie committed gross negligence.

If a plaintiff cannot establish all four elements of a negligence claim, what result should the plaintiff expect?

The plaintiff will be denied recovery due to a failure to establish all four elements of a negligence case.

When would a defendant use the doctrine of res ipsa loquitur?

To allow the judge and jury to infer that more likely than not, the defendant's negligence was the cause of the plaintiff's harm, even though no direct evidence of the defendant's lack of due care existed.

In some situations, the law specifies the duty of care one individual owes to another.

True

The defendant must prove that the plaintiff voluntarily and unreasonably encountered the threat of the actual harm the defendant caused under the ___________ defense

assumption of the risk

To establish proximate cause in a negligence claim, it is necessary to prove that the

defendant could reasonably foresee that his or her actions would cause the harm that the plaintiff suffered

To establish res ipsa loquitur in negligence cases, the plaintiff must demonstrate that the

event was a kind that ordinarily does not occur in the absence of negligence

The doctrine of _____ applies to cases in which the defendant has violated a statute enacted to prevent a certain type of harm from befalling a specific group to which the plaintiff belongs

negligence per se

In situations where a defendant is proved to have committed gross negligence, ________ damages may be awarded to the plaintiff which are not typically awarded in negligence cases

punitive

Ian, a door-to-door salesman, filed a negligence case against Mark. While ringing the doorbell on Mark's front porch, he was bitten by a venomous snake that Mark kept as a pet. Ian had no previous warning of the snake being loose. In this scenario, Ian is most likely to have filed for damages under

strict liability

When a defendant in a negligence suit avoids liability due to an unforeseen event that interrupts the causal connection between the defendant's breach of duty and the damages the plaintiff suffered, this is known as a(n) _______.

superseding cause