Exam 8: Negligence and Strict Liability

Some states have today merged the implied assumption of risk doctrine into their comparative negligence systems.

Adya goes to Mateo's Mexican restaurant for dinner.Adya's status with regard to the store is that of:

In some instances,people may be held liable for injuries they have caused even though they have not acted intentionally or negligently.

Compliance with a legislative enactment or administrative regulation does not prevent a finding of negligence if a reasonable person would have taken additional precautions to avoid harm.

Rick's driveway has potholes.He has been thrown from his bike several times because of them.If Rick invites his biking friends for a barbecue,what must he do to escape liability for any harm to them?

Workers' compensation is a form of strict liability.

A licensee for purposes of tort law is a person invited upon land as a member of the public or for a business purpose.

Ted is informed that his eight-year-old child is shooting in the street with a .22 rifle.Ted fails to take the gun away from the child.The child unintentionally shoots Carlton,a pedestrian.Ted is liable to Carlton.

Stella goes to Lakeview Department Store to look for clothes.The store is in the process of remodeling,and there is a lot of clutter in the aisle.Stella trips over the clutter and breaks her leg.What standard of care does the store have toward Stella under the circumstances?

The owner of a dog will always be strictly liable if the dog bites someone.

Adam doesn't like having neighborhood teenagers walk across his yard at night.He rigs an animal trap on the path the teenagers usually use to cross his land.One night,Tim and his friends are walking across the yard when Tim gets caught in the trap.He is taken to the hospital for his injuries.In this case:

In all states,a sixteen-year-old who drives a car will not be held to the same standard of care as an adult for purposes of determining negligence.

Parents are not liable to a storekeeper for the destruction caused by their children if they permit the children to run wild through the store.

While driving his car five miles over the speed limit,Carl struck Darla,who was jaywalking across the street.Darla sues and when the case comes to trial,the jury determines that Carl was 60% negligent and that Darla was 40% negligent.Darla's damages for injuries are $10,000.If this accident occurred in a state following the comparative negligence theory of recovery,Darla will:

The local supermarket has a large glass front door which is well lighted and plainly visible.Nelson,who is new in the neighborhood,mistook the glass for an open doorway and walked into it,shattering the door and injuring himself.The store:

Because of the harshness of the all-or-nothing contributory negligence rule,nearly all states have now substituted the last clear chance doctrine for contributory negligence.

By law,all apartment buildings in Mary's state must have smoke alarms in the ceilings.If Mary suffers smoke inhalation because the smoke alarm in her apartment building was not yet installed and Mary sues the owner for negligence,Mary would have to prove:

In determining whether a defendant's conduct is reasonable in an emergency not created by the defendant,the standard is that of a reasonable person under the circumstances.

Arthur negligently stopped his car on the highway.Betty,who was driving along,saw Arthur's car in sufficient time to attempt to stop.However,Betty negligently put her foot on the accelerator instead of the brake and ran into Arthur's car.If Arthur sues Betty for damages:

Mark is out sailing in his boat one evening when he hears a young girl crying for help in the lake.Which of the following is true?