Exam 2

Name an example of a superseding cause

Acts of God

Damages that are designed to compensate the victim for losses and restore the victim to the position the victim was in before the victim sustained his or her injuries are called:

Compensatory

Which of the following is taken into consideration in determining reasonableness

Emergency, custom, profession

"Day-in-the-life" videos that graphically represent the plaintiff's suffering are generally inadmissible in court because they are unfairly prejudicial to the defendant.

False

A defendant is not liable if the harm suffered by the plaintiff occurs in an unusual manner, regardless of whether the defendant's conduct is found negligent.

False

A plaintiff must show that he or she suffered some kind of physical harm to recover for mental suffering.

False

A seller of land is released from tort liability once the buyer takes possession of the property even if the seller knew about a dangerous condition and failed to disclose it.

False

Adherence to custom is conclusive evidence of the reasonableness of conduct.

False

If a hazardous condition is a natural one, the possessor is under a duty to remove it or protect others from it, especially the hazardous condition poses an unreasonable danger of harm to people outside the property.

False

In the United States, the winning party in a personal injury case is entitled to recover litigation expenses.

False

Prime Automotive Inc manufactured vehicles with negligently designed air bag ejection mechanisms that did not properly deploy upon impact. Ginny owned a vehicle manufactured by Prime Automotive. Ginny was involved in an accident in which she ran into the back of a vehicle that had come to a sudden stop in the middle of the road. It was a high-impact crash, and Ginny was killed in the accident. The air bag in her car did not deploy upon impact. Ginny was married with two children. According to survival statues, damages would be awarded to Ginny's husband and children.

False

The question of actual cause boils down to a question of foresee ability.

False

Under the stressful conditions of an emergency situation, a defendant is not held to the reasonable-person standard.

False

Using a subjective standard, the defendant's conduct is compare to that pf a hypothetical reasonable person.

False

A possessor of property owes the highest duty of care to who

Invitee

Adam is enjoying a family picnic in the park. Children are running around and playing on the swings and jungle gym. Adam's niece Josie, who's four years old, loves it when her Uncle Adam twirls her. Adam tells her there are too many kids around to twirl- he doesn't want to hit anyone-- but she begs him and he gives in. Holding Josie under the armpits, Adam spins in a circle so that Josie's feet fly out in front of her. Unknown to Adam, there's a beehive in the tree next to them. The bees become agitated at the twirling and swarm out of the hive. Adam scoops Josie up in his arms and runs for shelter. People all around them are doing the same thing. A small boy gets stung and immediately goes into anaphylactic shock. His mother screams that he's allergic to bee stings. Someone calls 911. The boy is rushed to the hospital. He survives, but his family is left with hefty ambulance and hospital bills. They sue Adam for causing the boy's injuries. If the court follow the Cardozo rule, it may find that Adam:

Is liable for all reasonably foreseeable consequences of his neglect.

The duty to protect individuals from negligent, intentional, or criminal acts of third parties arises only in the context of special relationships such as:

Jailor & prisoner, Rescuer & victim, Parent & child

Juan and his friend Emily were returning from a day at the beach. Juan was driving the car but feeling a bit groggy. Juan fell asleep briefly and hit another vehicle, driven by Robin, when his car crossed over the oncoming lane of traffic. Emily and Robin were both seriously injured in the accident. A doctor later concluded that Juan fell asleep as the result of a sleep disorder at the time of the accident. Before the accident, Juan had never fallen asleep while driving. After the sleep disorder diagnosis, Juan was in another automobile accident after falling asleep. It is likely that Juan would be deemed to have acted without reasonable care in the second accident because his condition was what?

Known

The town of Buena Vista has a railroad route that runs along the west end of the town. The company that owns the railroad erected a fence to keep people off the tracks and out of harm's way. Some of the town's youths, however, are known to hop the fence and wander out onto the tracks to explore. A tragic accident occurs one evening and a youth is hit by a train while crossing one of the tracks. In the scenario, the youth is considered to be what?

Known trespasser

The town of Buena Vista has a railroad route that runs along the west end of the town. The company that owns the railroad erected a fence to keep people off the tracks and out of harm's way. Some of the town's youths, however, are known to hop the fence and wander out onto the tracks to explore. A tragic accident occurs one evening and a youth is hit by a train while crossing one of the tracks. Because the railroad company is aware that a fence alone may not prevent people from entering the tracks, the youth's status when entering the property may be elevated to what?

Licensee

A landowner's liability is limited even if the conditions of the landowner's property resulted in an injury to firefighters or police officers responding to an emergency.

Professional rescuer doctrine

Prime Automotive Inc manufactured vehicles with negligently designed air bag ejection mechanisms that did not properly deploy upon impact. Ginny owned a vehicle manufactured by Prime Automotive. Ginny was involved in an accident in which she ran into the back of a vehicle that had come to a sudden stop in the middle of the road. It was a high-impact crash, and Ginny was killed in the accident. The air bag in her car did not deploy upon impact. Ginny was married with two children. At trial, it was discovered that Prime Automotive Inc was aware of the defect and took no action to correct the matter. To punish and deter similar future acts, Prime Automotive may be subject to what kind of damages?

Punitive

According to the collateral-source rule, the plaintiff may recover lost wages despite reimbursement from:

Social Security disability payments, welfare payment, medicare payment

When determining the reasonable-person standard for children, which of the following should be taken into consideration?

The age of the child, the level of intelligence, the experience under like circumstances.

A superseding cause may cancel out 100% the defendant's liability.

True

An intoxicated person is held to the standard of a reasonable sober person.

True

As long as the plaintiff is a member of a class to which there is a general foresee ability of harm, the defendant is liable.

True

Cardozo's formulation of foresee ability is often referred to as the zone of danger test.

True

Determining whether a breach of duty has occurred requires (1) a determination of the relevant standard of care and (2)an evaluation of the defendant's conduct in light of that standard.

True

Duty is a threshold question in every negligence case because a defendant's conduct, unless the defendant owes a duty to the plaintiff.

True

If a landlord has reason to believe that the tenant is planning on holding the premises open to the public, the landlord has a duty to inspect the premises and to find and repair any damages.

True

If a patient tells a psychiatrist that he or she plans to kill someone, the psychiatrist has a duty to warn the person

True

If a property is completely destroyed, damages are measured according to the value of the property at the time and place the tort occurred.

True

Juan and his friend Emily were returning from a day at the beach. Juan was driving the car but feeling a bit groggy. Juan fell asleep briefly and hit another vehicle, driven by Robin, when his car crossed over the oncoming lane of traffic. Emily and Robin were both seriously injured in the accident. A doctor later concluded that Juan fell asleep as the result of a sleep disorder at the time of the accident. Before the accident, Juan had never fallen asleep while driving. After the sleep disorder diagnosis, Juan was in another automobile accident after falling asleep. If Emily and/or Robin were to bring a suit against Juan, the standard of care to be determined in court would be an objective one.

True

Juan and his friend Emily were returning from a day at the beach. Juan was driving the car but feeling a bit groggy. Juan fell asleep briefly and hit another vehicle, driven by Robin, when his car crossed over the oncoming lane of traffic. Emily and Robin were both seriously injured in the accident. A doctor later concluded that Juan fell asleep as the result of a sleep disorder at the time of the accident. Before the accident, Juan had never fallen asleep while driving. After the sleep disorder diagnosis, Juan was in another automobile accident after falling asleep. If Emily were to file suit against Juan, she would have to show that he was reckless or grossly negligent

True

Possessors of land owe a limited duty of care to frequent trespassers who use only a limited area of their land.

True

Prime Automotive Inc manufactured vehicles with negligently designed air bag ejection mechanisms that did not properly deploy upon impact. Ginny owned a vehicle manufactured by Prime Automotive. Ginny was involved in an accident in which she ran into the back of a vehicle that had come to a sudden stop in the middle of the road. It was a high-impact crash, and Ginny was killed in the accident. The air bag in her car did not deploy upon impact. Ginny was married with two children. If Ginny's husband files for loss consortium, any damages he might receive would be considered compensatory damages.

True

Proximate cause is also called legal cause

True

Reasonable persons are assumed to possess knowledge of scientific and natural laws that is common to laypersons in the community.

True

Survival statues provide that a victim's claim survives his or her death.

True

The risk-contribution theory has been used to relax the plaintiff's burden of proof to establish causation in a mass tort case.

True

The town of Buena Vista has a railroad route that runs along the west end of the town. The company that owns the railroad erected a fence to keep people off the tracks and out of harm's way. Some of the town's youths, however, are known to hop the fence and wander out onto the tracks to explore. A tragic accident occurs one evening and a youth is hit by a train while crossing one of the tracks. If the youth were elevated to the status of licensee, the railroad company would owe a duty of reasonable care to the youth.

True

Adam is enjoying a family picnic in the park. Children are running around and playing on the swings and jungle gym. Adam's niece Josie, who's four years old, loves it when her Uncle Adam twirls her. Adam tells her there are too many kids around to twirl- he doesn't want to hit anyone-- but she begs him and he gives in. Holding Josie under the armpits, Adam spins in a circle so that Josie's feet fly out in front of her. Unknown to Adam, there's a beehive in the tree next to them. The bees become agitated at the twirling and swarm out of the hive. Adam scoops Josie up in his arms and runs for shelter. People all around them are doing the same thing. A small boy gets stung and immediately goes into anaphylactic shock. His mother screams that he's allergic to bee stings. Someone calls 911. The boy is rushed to the hospital. He survives, but his family is left with hefty ambulance and hospital bills. They sue Adam for causing the boy's injuries. If Adam is held liable for the boy's allergic reaction, the courts may apply the eggshell skull rule, which states that if the plaintiff suffers any foreseeable injury, the defendant is also liable for any additional unforeseen physical consequences.

True.

Prime Automotive Inc manufactured vehicles with negligently designed air bag ejection mechanisms that did not properly deploy upon impact. Ginny owned a vehicle manufactured by Prime Automotive. Ginny was involved in an accident in which she ran into the back of a vehicle that had come to a sudden stop in the middle of the road. It was a high-impact crash, and Ginny was killed in the accident. The air bag in her car did not deploy upon impact. Ginny was married with two children. What type of action may Ginny's husband file for damages related to the loss of companionship?

Wrongful death

Structured settlements are used to:

minimize income tax