Tort-Chapter 8 True/False

Assumption of risk completely bars the plaintiff from recovery in most modern courts.

FALSE

Comparative negligence is an easier system to administer than contributory negligence.

FALSE

Contributory negligence is not a defense in intentional torts or to claims of negligence per se.

FALSE

Contributory negligence prevents a negligent plaintiff from recovering unless the defendant is more negligent than the plaintiff.

FALSE

High-ranking administrative officials receive no immunity.

FALSE

If the government is immune, a public official is also immune.

FALSE

Immunity is granted to legislators, judges, and other public officials so that they can carry out the difficult tasks of their office without fear of being sued, but that immunity does not extend to those who act out of greed or malice toward a plaintiff.

FALSE

Most states have retained complete sovereign immunity and also provide complete immunity for judges and legislators.

FALSE

Plaintiffs are not allowed to recover if their negligence is less than all of the defendants combined but greater than that of each individual defendant.

FALSE

The Last-clear-chance doctrine has been retained in most states that have adopted comparative negligence.

FALSE

To recover under the last-clear-chance doctrine, plaintiffs must prove only that the defendant failed to take advantage of an opportunity to prevent harm to the plaintiff.

FALSE

Under the FTCA the United States government and its employees are liable for any injuries arising out of a federal employee's operation of a motor vehicle.

FALSE

Under the common law a wife could not sue her husband for injuries she sustained as a passenger when he was driving, but a husband could sue his wife.

FALSE

Without exception, the rules that govern proximate cause in relation to a defendant's conduct also apply to a plaintiff's conduct in determining contributory negligence.

FALSE

Under the common law a husband and wife were considered one entity.

TRUE

When a pure comparative-negligence standard is used, the negligence of everyone is considered, even non-parties.

TRUE

When sports are involved, those who participate have assumed the risks as long as the risks are understood or completely obvious.

TRUE

A 1983 action occurs when a defendant acts under color of a state statute, ordinance, or regulation and violates a plaintiff's civil rights.

TRUE

Assumption of risk can be raised as a defense in strict liability cases and can be used in defense of reckless conduct.

TRUE

Comparative negligence can be used to reduce a plaintiff's recovery if the defendant is reckless or willful and wanton.

TRUE

If a plaintiff protests against assuming a risk but ultimately agrees to assume it, his consent will be considered voluntary.

TRUE

In assigning a percentage of fault to a plaintiff's conduct, one considers the extent to which that conduct contributed to the resulting harm or the extent to which it deviated from a reasonable standard of care.

TRUE

In response to the argument that beneficiaries of a charitable organization should not be able to sue, opponents of charitable immunity argue that this justification should not apply in emergency situations.

TRUE

In some states that have adopted comparative negligence, apportionment of fault is not allowed if the defendant violated a statute that is designed to protect members of the plaintiff's class and if that statute places sole responsibility on the defendant.

TRUE

In those states that have adopted contributory negligence system, the defendant is required to prove and specifically plead contributory negligence in order to use it as a defense.

TRUE

Many courts have abolished local governmental immunity.

TRUE

Professional athletes are assumed to be more cognizant of the risks than amateurs.

TRUE

Some courts bypass parent-child immunity when an intentional tort or business activity is involved.

TRUE

Some courts disallow negligent supervision suits because they reduce the child's compensation.

TRUE

Some states allow suit against charitable organizations when liability insurance is available.

TRUE

State tort claims acts usually require that written notice of a claim be given during a designated time period after the discovery of the injury.

TRUE

The rationale for one reason for the judicial creation of contributory negligence is that judges distrust jurors and are afraid that they might harm industry by giving large awards to injured plaintiffs.

TRUE

Those states that have adopted comparative negligence have either abolished assumption of risk as a separate defense or have merged it into the defense of comparative negligence.

TRUE

Tort defenses are largely controlled by statute

TRUE