Exam 19: The Liability Risk

All of the following are proposed solutions to the medical malpractice problem EXCEPT

Which of the following statements about the elements of negligence is (are)true? I.The negligence of the tortfeasor may arise from a failure to act. II.The damage that results must be in the form of property damage.

A homeowner was repairing the deck on the back of his home.He left power tools on the deck when he quit working for the day.A neighbor's child saw the power tools.He came on to the deck,and started to play with a power saw.He cut off two of his fingers.A property owner may be held liable for creating a condition that entices children to enter the property where they are injured under the doctrine of

Which of the following statements about torts is (are)true? I.The person who is injured or harmed by a tort is called a plaintiff or claimant. II.The punishment for committing a tort is damages in the form of money.

What is the intent of the family purpose doctrine?

Compensatory damages include

Traditionally,federal state,and local governments could not be sued.This immunity had eroded over time.Today,government units may be liable for injuries arising out of money-making activities.Such activities are called

One tort reform proposal is capping noneconomic damages.Noneconomic damages include

Steve was involved in an auto accident.Both drivers were partially at fault for the accident.Steve's actual damages were $50,000.He was judged to be 60 percent at fault.If Steve's state has a pure comparative negligence law,how much will Steve collect?

Which of the following statements about the immunity of governmental entities is (are)true? I.Governmental entities are more likely to be immune from liability when performing proprietary functions than when performing governmental functions. II.Many courts have eliminated the immunity of government entities.

Which of the following may give rise to imputed negligence?

A situation in which a person is held legally liable even though fault or negligence cannot be proven is an example of

Jan was injured in a work-related auto accident.She sued the other driver,and the case went to court.While questioning Jan,the defendant's lawyer asked if her injuries and lost earnings were covered under workers compensation.Jan's lawyer objected to the question.The judge ruled the question was improper and instructed the jury to disregard the question.Based on the judge's reaction to the question,which of the following rules is in force where this trial took place?

All of the following are elements of negligence EXCEPT

Nancy was injured when she drove her car through a stop sign and was struck by Philip's car.Philip saw Nancy and could have stopped.However,he failed to do so since he had the right-of-way.Nancy can recover damages from Philip under which of the following legal doctrines?

Which of the following statements about comparative negligence laws is (are)true? I.Under the pure rule,any negligence by the plaintiff automatically bars recovery for damages. II.Under the 50 percent rule,parties who are equally at fault are each allowed to recover damages.

One tort reform permits manufacturers to assert that as long as the product conformed to the prevailing technology and production methods at the time it was produced,it cannot be considered a defective product today.This defense is called the

Alternative techniques for resolving legal disputes without litigation include which of the following? I.Arbitration II.Mediation