Chapter 7

Carol Klutz goes to GigaStore to look for clothes. The store happens to be in the process of remodeling, and there is a lot of clutter in the aisle. Carol trips over the clutter and is injured. GigaStore may be liable for Carol's injuries because she is a(n):

business invitee

In a state that has adopted contributory negligence,

if the plaintiff is even slightly negligent she recovers nothing

Assumption of the risk:

means a person who voluntarily enters a situation that has an obvious danger cannot complain if she is injured

If a statute is designed to protect a certain group of people from harm by setting a minimum standard of care for a particular activity, then the courts will hold that a violation of that statute which causes an injury to another is called ____________.

negligence per se

Jimmy, a three-year-old child, took a penny and touched an exposed wire in an electrical outlet at the dry cleaners where his mother was waiting to pick up her laundry. Jimmy's parents sued the business claiming it should have had child protective guards on the outlets. Whether the business is liable will depend upon whether (best answer):

this was negligence per se

Bob used his airplane to spray pesticide on his crops in a very careful manner on a windless day. Nevertheless, some of the pesticide spray fell on his neighbor's side of the fence and contaminated the cornmeal for the chickens. The chickens died and the neighbor sues. What is the most likely result?

Cal is liable because spraying pesticides is an abnormally dangerous activity

If the defendant's breach of duty actually caused the ultimate harm, it is ____________

Factual cause

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

False

A landowner's highest duty is owed to licensees.

False

If the law denies all liability for harm done by tortious or criminal activity, no one will have to pay for the harm.

False

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

False

Palsgraf v. Long Island Railroad Co. addressed the issue of furnishing alcohol to minors.

False

The doctrine of contributory negligence is followed in most states

False

Tort law is not concerned with how to respond to injury caused by criminals, as this would be addressed by criminal law

False

While hunting, Roger enters Adele's property without permission and is injured by falling into a ditch that was obscured by the underbrush. Under the common law, Adele is liable for Roger's injuries

False

_____________________ permits the jury to infer both negligent conduct and causation

Res Ipsa Loquiter

____________ is a defense to a business engaging in ultrahazardous activities (strict liability)

There is no defense to engaging in ultrahazardous activities

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.

True

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

True

Courts have ruled that negligently retaining a violent employee is a tort.

True

Due to dram shop laws, commercial establishments that serve alcohol bear some liability for injuries caused by their intoxicated patrons.

True

Kenneth was exposed to radiation on his job in an environmental cleanup. In a lawsuit against his employer, the court must decide the full extent of both present and future damages rather than allowing Kenneth to return to court years later if medical problems develop at that time.

True

Most states recognize some form of comparative negligence.

True

Res ipsa loquitur shifts the burden of proof from the plaintiff to the defendant

True

Silas asks his friend Shelby to come to his property to go fishing at his pond. If he fails to warn her that the dock has a rotten spot and she falls through and is injured, Silas would be held liable in most states

True

Mario was driving his truck in a comparative negligence state. Suddenly a sheet of plywood flew off the truck bed and onto the road. Sandy, who was driving behind Mario's truck, swerved and struck a telephone pole, causing her severe injuries. Which of the following is correct?

The actions of Mario and Sandy will be weighed to determine liability

In a comparative negligence state, if the plaintiff in a negligence lawsuit is found to be 20 percent negligent, the plaintiff would recover:

80 percent of damages

For a defendant to be liable in a negligence case, the type of harm caused must have been:

reasonably foreseeable

An invitee is:

someone on the property because it is a public place or a business open to the public

In a claim for negligence, the plaintiff must show the defendant breached a reasonable duty of care, which is:

that duty which an ordinarily prudent person would exercise under similar circumstances