Exam 8: Negligence and Strict Liability

A blind person will be held to the standard of care of a reasonable blind person rather than that of the reasonable sighted person for purposes of determining negligence.

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 Bill, a pedestrian. Ted is liable to Bill.

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.

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

A reasonable person, as used in the law of torts, is a fictitious individual who is always careful, prudent, and never negligent.

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

A possessor of land is under a duty to exercise reasonable care to protect invitees against dangerous conditions they are unlikely to discover.

The harshness of the contributory negligence doctrine has been mitigated by all of the following except:

Under the Third Restatement of Torts, if the plaintiff is a veterinarian who accepts for treatment a dog from the defendant: a. the defendant is strictly liable if the dog is abnormally dangerous and it bites the plaintiff. b. the plaintiff, if charging a fee, is beyond the scope of strict liability, even if the dog is abnormally dangerous. c. the doctrine of implied voluntary assumption of risk applies. d. the defendant is strictly liable for any damage to the plaintiff whether or not the dog is considered abnormally dangerous.

Stella goes to Ranger's 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?

Which of the following is correct with respect to the reasonable person standard?

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 doctrine of res ipsa loquitur would permit the court to infer negligence in which of the following situations?

The standard of conduct to which a child must conform to avoid being negligent is that of a reasonably careful person of the same age, intelligence, and experience under the circumstances..

Which of the following is/are considered in determining the application of the reasonable person standard?

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?

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:

The duty of a possessor of land to persons who come on the land usually depends on whether those persons are: