Ch 9: Negligence & Strict Liability

A plaintiff can sue for ______ to help compensate for losses that result from the defendant's negligence. a. damages b. criminal negligence c. an injunction d. criminal intent

a. damages

If any bystanders are injured while attempting to rescue victims injured by the defendant's negligence, many courts hold the defendant liable for their injuries under what is known as the ______ doctrine. a. danger invites rescue b. comparative negligence c. contributory negligence d. attractive nuisance

a. danger invites rescue

The element of negligence that best describes the relationship between a parent and a minor child is known as: ______. a. duty of care b. causation c. res ipsa loquitor d. breach of duty

a. duty of care

The ______ allows the plaintiff to recover damages despite proof of contributory negligence as long as the defendant had a final opportunity to avoid the action that injured the plaintiff. a. last-clear-chance doctrine b. equal footing doctrine c. forum non conveniens doctrine d. danger invites rescue doctrine

a. last-clear-chance doctrine

A pharmacist became addicted to the narcotic drugs Percocet and Vicodin. As a result, the pharmacist failed to measure the compounds of the prescriptions that he was filling. He contaminated many of the prescriptions with lethal overdoses of some of the compounds, causing several deaths. We call the pharmacist's extreme reckless disregard for the life of his clients: ______. a. an intentional tort b. gross negligence c. negligence per se d. strict liability

b. gross negligence

To win a negligence case, a plaintiff must prove four elements: (1) duty, (2) breach of duty, (3) causation, and (4) damages. true false

true Reason: A plaintiff's success in a negligence case does depend upon the plaintiff's ability to show the four elements listed. Each and every element must be proven in order to win a negligence case.

_____________ laws hold that people in peril, who receive voluntary aid from others, cannot hold those offering aid liable for negligence. a. Good Samaritan b. Superseding cause c. Assumption of the risk d. Strict liability

a. Good Samaritan

Select all that apply Courts consider the following factors in attempting to determine whether a reasonable person would have owed a duty to others: a. How serious was the harm? b. How socially beneficial was the plaintiff's conduct that posed the risk of harm? c. How likely was it that the harm would occur? d. What costs would have been necessary to reduce the risk of harm?

a. How serious was the harm? c. How likely was it that the harm would occur? d. What costs would have been necessary to reduce the risk of harm?

Which of the following is not required to establish res ipsa loquitur in most states? a. The defendant's intent to cause harm is established by a preponderance of the evidence. b. Other responsible causes, including the conduct of third parties and the plaintiff, have been sufficiently eliminated. c. The event was a kind that ordinarily does not occur in the absence of negligence. d. The indicated negligence is within the scope of the defendant's duty to the plaintiff.

a. The defendant's intent to cause harm is established by a preponderance of the evidence.

The standard that is a measurement of the way members of society expect an individual to act in a given situation is known as: ______. a. a reasonable person standard b. the subjective plaintiff standard c. the ideal person standard d. a standard of pro se

a. a reasonable person standard

A grocery store had just had one of its employees mop up some spilled milk. The floor was wet, and the employee put several cones around the wet floor with a tape surrounding the perimeter of the wet floor. There were several signs specifically warning customers that the floor was wet and slippery. One irate customer stepped over the tape and entered the zone that was taped off. Sure enough, he slipped and fell to the floor, suffering a broken arm. The customer sued the store for negligence. The best defense for the store is: ______. a. assumption of the risk b. danger invites rescue c. the dram shop act d. consent

a. assumption of the risk

______ damages are intended to reimburse a plaintiff for his or her loss of the benefit of the bargain. a. Equitable b. Compensatory c. Nominal d. Punitive

b. Compensatory

Which of the following is an action committed with extreme reckless disregard for the property or life of another person? a. Strict liability b. Gross negligence c. Contributory negligence d. Res ipsa loquitur

b. Gross negligence

Select all that apply Which of the following doctrines are created to help a plaintiff when there is no direct evidence of negligence? a. The last-clear-chance doctrine b. Negligence per se c. The reasonable person standard d. Res ipsa loquitur

b. Negligence per se d. Res ipsa loquitur

What damages are imposed to punish the offender and deter others from committing similar offenses? a. Consequential b. Punitive c. Compensatory d. Nominal

b. Punitive

When someone is harmed by an incident that simply could not be avoided, even with reasonable care, this is known as: ______. a. assault b. an unfortunate accident c. negligence per se d. negligence

b. an unfortunate accident

Mrs. Potter was a nanny for Robert, who is three months old. Mrs. Potter took Robert out for a walk in his carriage where she met several other nannies. Mrs. Potter started talking to the other nannies and forgot to pay attention to Robert. Suddenly, the carriage started rolling downhill where it came to a stop. Mrs. Potter's failure to devote her attention to Robert is known as a breach of: ______. a. mens rea b. duty c. privacy d. tort

b. duty

Punitive damages are also known as _____ damages. a. equitable b. exemplary c. nominal d. compensatory

b. exemplary

Nancy had some surgery on her lungs. After the surgery, she had great discomfort in her chest and trouble breathing. She went back to her doctor who took some x-rays of her chest. The x-ray showed that a surgical instrument had been left in her chest. Nancy can sue her surgeon pursuant to the doctrine of: ______. a. strict liability b. intentional tort c. res ipsa loquitur d. proximate cause

c. res ipsa loquitur

A ______ cause is an unforeseeable event that interrupts the causal chain between the defendant's breach of duty and the damages the plaintiff suffered. a. distant b. presumptive c. superseding d. proximate

c. superseding

In the modified comparative negligence, the plaintiff can recover damages ______. a. regardless of whether the defendant contributed to the negligence b. only if the plaintiff can prove that defendant is more than 25 percent at fault c. regardless of whether the plaintiff contributed to the negligence d. if the defendant is more than 50 percent at fault

d. if the defendant is more than 50 percent at fault

Betsy was a four year old child who was playing in her yard. Ann, a forty year old woman who had no relationship to Betsy, saw Betsy run out into the street to retrieve her ball. Betsy got hit by a car and was severely injured. Betsy's mother attempted to sue Ann for negligence. The court threw out the claim because Ann had: ______. a. not breached her duty to Betsy b. asserted that Betsy did not have life-threatening damages c. not caused Betsy's injuries d. no duty to Betsy

d. no duty to Betsy

Darcy sued Tony for negligence in a modified comparative negligence jurisdiction. A judge ruled that Darcy was 55% at fault for her own injuries. Darcy will be able to recover: ______. a. 55% of her damages b. 100% of her damages c. 45% of her damages d. nothing

d. nothing

Molly is a waitress at the local diner. She is carrying a heavy tray full of very hot food. While she is carrying the tray, she suffers a heart attack and drops the tray burning a customer as she falls. Molly's actions are an example of negligence. true false

false Molly is involved in what would be termed an unfortunate accident and would not be liable for damages.

_____________ _________________ is liability without fault.

strict liability

The Palsgraff v Long Island RR Co case is one of the most well-known cases addressing the issue of ______. a. res ipsa loquitur b. proximate cause c. gross negligence d. breach of duty

b. proximate cause

Which of the following are the most frequently awarded damages? a. Punitive b. Nominal c. Compensatory d. Liquidated

c. Compensatory

Res ipsa loquitor and negligence per se are designed to help plaintiffs sue for negligence when there are no witnesses to the conduct or where evidence of the negligence is destroyed. These types of negligence are known as: ______. a. special doctrines b. contributory negligence doctrines c. plaintiff's doctrines d. defendant's doctrines

c. plaintiff's doctrines

Craig had a large oak tree which was beginning to die. Even though Craig knew the tree was dying and could cause damage if it fell over, he did nothing to cut it down. One night, a tornado came barreling through town. The winds were so intense that the storm caused the oak tree to fall on Craig's neighbors' house, causing significant damage to the roof. The tornado in this case can be considered as ______ cause of the harm. a. a comparative b. the primary c. the superseding d. a punitive

c. the superseding

__________ cause is also known as cause in fact. a. Contributory b. Res ipsa loquitur c. Proximate d. Actual

d. Actual

Suppose that in a negligence case, the jury determines that the defendant was 99 percent responsible for the plaintiff's injuries due to his negligence, and that the plaintiff was 1 percent responsible for her own injuries due to her personal negligence. The jury further determines that the plaintiff's damages amount to $100,000. In a contributory negligence jurisdiction, how much would the plaintiff recover from the defendant? a. Nothing b. $100,000, since the plaintiff's negligence is irrelevant in a contributory negligence jurisdiction c. $100,000, since the plaintiff's negligence was slight compared to the defendant's negligence d. $99,000, since this amount accounts for the fact that the plaintiff was 1 percent responsible for her own harm

a. Nothing

Dr. Pierce failed to scrub his hands before entering the surgical suite. If his patient gets an infection, Dr. Pierce has ______ his duty of care. a. breached b. aggravated c. neutralized d. mitigated

a. breached

A train started to pull away from the station when suddenly, a passenger started running by the train trying to catch it. The conductor pulled the man aboard, but in the process, he dropped the parcel he was holding. The parcel fell and exploded since it contained fireworks that were ignited from the sparks from the train wheels. The rockets shot off in all directions and managed to tip over a huge freight scale on the platform. The scale fell on Mr. Paul, who suffered injuries as a result. If Mr. Paul tries to sue the railroad company for his injuries, he would likely fail because he cannot successfully demonstrate ______. a. causation b. intent c. duty of care d. damages

a. causation

The reasonable person standard is a measurement of the way members of society should act in a given situation. The two things that are used to determine a defendant's duty of care is the degree of care and ______ that a reasonable person would exercise under similar circumstances. a. skill b. mens rea c. actus reus d. neglect

a. skill

Which of the following is proven when a defendant's violation caused a plaintiff to suffer from a type of harm that a statute or regulation was created to prevent? a. Comparative negligence b. Negligence per se c. Res ipsa loquitur d. Contributory negligence

b. Negligence per se

The four questions a court considers to determine whether a reasonable person would have owed a duty to others include all of the following except: ______ a. what costs would have been necessary to reduce the risk of harm? b. how intentional was the harm? c. how socially beneficial was the defendant's conduct that posed the risk of harm? d. how likely was it that the harm would occur?

b. how intentional was the harm?

Philip was driving his car and failed to see a stop sign. He hit a car driven by Oscar. Oscar was not wearing his seatbelt at the time of the crash, and thus sustained more serious injuries than he would have had if he had been wearing his seatbelt. The court found that both parties were negligent. If this was a contributory negligence jurisdiction, Oscar would be able to recover: ______. a. any and all damages b. nothing c. only the damages that were the responsibility of Philip d. only the damages caused by Oscar

b. nothing

Which of the following is a defense accepted in some states whereby the defendant is not liable for the percentage of harm that he or she can prove can be attributed to the plaintiff's own negligence? a. A last-clear-chance defense b. A qualified comparative negligence defense c. A pure comparative negligence defense d. A strict liability defense

c. A pure comparative negligence defense

Amy was walking by a pond when she happened to notice Ted floating unconscious in the water. Amy dove in and managed to pull Ted to the shore. His heart had stopped, and Amy began to administer CPR. Ted was revived, but the CPR that Amy had administered resulted in a broken rib. Ted sued Amy for damages, but he did not collect anything due to a statute which was designed to protect people who engaged in selfless and courageous behavior in the aid of others. Such a statute is called a(n):______. a. Heroic Acts law b. Statute of Selfless Heroism c. Good Samaritan statute d. Danger Invites Rescue law

c. Good Samaritan statute

Which of the following is the term for negligence by a professional who ignored the generally accepted principles in his or her field of expertise? a. Negligence per se b. Misappropriation c. Malpractice d. Res ipsa loquiter

c. Malpractice

Which of the following literally means "negligence in or of itself?" a. Contributory negligence b. Res ipsa loquitur c. Negligence per se d. Comparative negligence

c. Negligence per se

It was an extremely hot day in New York City. Kara was standing in a subway car when, suddenly and without warning, she suffered a fainting spell causing her to collide with a fellow passenger, who in turn fell and sprained his ankle. Is Kara liable for the damages to the passenger? a. Yes, because a passenger was harmed because of her actions. b. No, because the fault lies with the subway authority for requiring patrons to stand in a moving vehicle. c. No, because this was an unfortunate accident, and thus Kara will not be liable for any damages she caused. d. Yes, because it was Kara's fault that she fainted, and she must be held liable for any resulting damages.

c. No, because this was an unfortunate accident, and thus Kara will not be liable for any damages she caused.

A state law requires that attorneys must treat their clients' payments appropriately by placing them in a separate client account and sending the clients a report of their accounts. These legal requirements are regarded as: ______. a. negligence b. strict liability c. a duty of care d. res ipsa loquitor

c. a duty of care

In a strict liability case, a defendant is liable if the plaintiff can show the activity (1) involves a risk of serious injury or harm to others, (2) is so inherently dangerous that it cannot ever be safely undertaken, and (3) is not normally undertaken: ______. a. during the day b. by employees c. in the community d. by students

c. in the community

A plaintiff has filed a negligence claim in a contributory negligence jurisdiction. The court ruled that the plaintiff did contribute to his or her own injuries. The doctrine that would still allow the plaintiff to recover damages is known as the ______ doctrine. a. conditional negligence b. danger invites rescue c. last-clear-chance d. dram shop

c. last-clear-chance

Dr. Casey was treating a patient and prescribed a medication for her to take. He failed to check on the patient's current medications and whether those medications would have a detrimental effect if his patient took the prescribed drug. Had Dr. Casey bothered to check, he would have seen that his prescription would have a dangerous interaction with a drug that he had prescribed earlier to his patient. As it turned out, his patient did suffer from respiratory failure as a result of his carelessness. His patient sued him for his breach of duty of care to her. When a professional breaches his duty of care to another, it is known as: ______. a. strict liability b. an intentional tort c. malpractice d. res ipsa loquitor

c. malpractice

Abigail was suing Gregory for injuries she sustained when Gregory negligently ignored the stop signal and ran into Abigail with his car. In his defense, Gregory pointed out that Abigail ignored the "Don't Walk" sign and crossed the street. If Gregory can show Abigail was 10% at fault for her own injuries in a contributory negligence jurisdiction, Abigail would: ______. a. be able to collect 50% of the damages she can prove resulted from the accident b. be able to collect all damages she can prove resulted from the accident, minus 10% c. not be able to collect any damages d. be able to collect all the damages she can prove resulted from the accident

c. not be able to collect any damages

A case of negligence was decided by a jury where the jury found that the defendant was 30% at fault for the plaintiff's injuries. In a pure comparative negligence jurisdiction, the plaintiff will recover: ______. a. 70% of the damages b. 100% of the damages c. nothing d. 30% of the damages

d. 30% of the damages

__________________ cause is sometimes referred to as legal cause. a. Res ipsa b. Actual c. Last Clear Chance d. Proximate

d. Proximate

Which of the following is sometimes referred to as legal cause? a. Actual cause b. Cause in fact c. Strict liability d. Proximate cause

d. Proximate cause

An airplane runs off a runway and into a river because of the negligence of the airline. Some bystanders observe the crash and jump into the water to help save crash survivors. If any of the bystanders are injured while attempting to save the survivors, under which doctrine can the court hold the airline liable for their injuries? a. Res ipsa loquitur b. Negligence per se c. The forum non conveniens doctrine d. The danger invites rescue doctrine

d. The danger invites rescue doctrine

Norm was sitting in a bar for approximately 4 hours, drinking heavily. The bartender at the bar kept serving alcohol to an obviously intoxicated Norm. Norm got into his car and crashed into another car, injuring the driver and the passengers. The driver and passengers sued the bar owner and were successful due to a state statute which holds bar owners liable for injuries resulting from an intoxicated patron of the bar. Such a statute is known as: ______. a. the barkeeper's credo b. res ipsa loquitor c. negligence per se d. a dram shop act

d. a dram shop act

A fitness club patron sued her health club for failing to advise her that she could suffer a pulled muscle as a result from her workout on the weight machines. At the hearing, the health club showed the court the membership agreement that the plaintiff had signed. The agreement, in part, stated that "client is aware that use of the health care equipment may result in injury." The court granted summary judgment in favor of the health club. The defense used by the health club is: ______. a. contributory negligence b. danger invites rescue c. comparative negligence d. assumption of the risk

d. assumption of the risk

If a defendant's breach of duty is the actual cause of a plaintiff's injury, this is known as a. contributory cause. b. proximate cause. c. comparative cause. d. cause in fact.

d. cause in fact.

If a plaintiff has sustained compensable injuries caused by the defendant's negligence, the plaintiff can sue for: ______. a. the defendant's incarceration b. strict liability c. nothing d. damages

d. damages

Negligence is behavior that creates a(n) ______ risk of harm to others. a. articulable b. appreciable c. proof beyond reasonable doubt d. unreasonable

d. unreasonable