Exam 8: Negligence and Strict Liability

Defenses to an action in strict liability include:

Identify the elements required in an action for negligence.

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

In determining a defendant's liability for negligence, his or her superior skill or knowledge will be attributed in applying the reasonable person standard, thus increasing the chance that the defendant may be held liable.

William, who is a waiter, is injured when an unopened bottle of cola explodes in his hand while he is putting it into the restaurant's cooler. If William wants to sue the bottling company for his injuries:

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?

Sarah goes to Marlin's Seafood Restaurant for dinner. The restaurant has a loose tile on the floor near the entry, which is known to the owner, but not marked. Sarah trips and falls and breaks her arm. Sarah's status with regard to the store is that of:

Andrew negligently hit a dog, which lay stunned in the street for a moment and then ran toward Bill, a bystander, and bit him. In this case:

Comparative negligence by a plaintiff results in the plaintiff's being completely unable to recover.

Mr. and Mrs. Weaver have a duty to:

There is an established rule in the law of torts that even one who has not created a peril has a duty to take affirmative action to assist an imperiled person, no matter what the relationship with that person, when the imperiled person can be saved from harm at little or no personal risk to the rescuer.

Res ipsa loquitur makes it easier for the defendant to prevail in a negligence action.

Even though contributory negligence is proven by a defendant in a state in which it acts as a complete bar to recovery, the plaintiff may still recover if the defendant had the last clear chance to avoid the injury but did not avail himself of the chance.

Which of the following is a defense that a defendant could raise in an action based on strict liability?

If a person's 150-pound sheep dog has a tendency to jump enthusiastically on visitors, the animal's keeper would not be liable for any damages done by the dog's playfulness.

In the majority of states, in a case of negligence per se the plaintiff would only have to prove violation of a statute in order to show negligent conduct.

What is the reasonable person standard? How is it applied to each of the following? a. Children b. Persons with physical disabilities c. Persons who are mentally retarded _d. Professional people with advanced degrees and training, such as doctors, lawyers, and accountants e. Persons acting in emergency situations f. Persons who violate statutory duties

A social guest is a public invitee.

Define "emergencies" as it affects tort law and explain how a defendant's negligence creating an emergency affects liability in the situation.

An action for negligence consists of five elements, each of which the plaintiff must prove. These elements include: