Exam 8: Negligence and Strict Liability

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:

A defendant will be liable for all harm that can be traced back to the defendant's negligence.

Workers' compensation is a form of strict liability.

If a statute establishing a reasonable person standard of conduct is found to be applicable to a fact situation, then the courts will hold that an unexcused violation of that statute which causes an injury to another is:

Think about and then discuss why, in your analysis, the reasonable standard of care differs for the following categories of individuals: children, persons with physical disabilities, persons with mental disabilities, people with superior skill or knowledge, people in emergency situations, and those who violate statutory duties.Is there any logic on which to base these differences because of societal need and expectations? Does justice demand a different result? Why would the courts make these distinctions?

The rule which permits the jury to infer both negligent conduct and causation from the mere occurrence of certain events is:

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.

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.

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

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?

Identify the elements required in an action for negligence.

Jack is a trucker who makes his living moving modular homes.This is a dangerous business in that the portions of the houses once on the truck are wider than the road lanes.Also, Jack frequently has to travel much more slowly than the other vehicles on the road.One day, Jack, on his way to Atlanta with a modular home in tow, found himself approaching two trucks coming from the opposite direction with the words "High Museum Exhibits" on the truck panels.When Jack swerves to avoid a bicyclist, a museum truck runs off the road and tumbles down an embankment.No one is harmed, but the exhibit being transported is damaged.Discuss the various theories of liability that might be applied here and why they would be appropriate.

In determining the duty of care owed by a defendant using the reasonable person standard, the court will consider all of the following factors except:

Henry was burning leaves in his backyard.One of the burning leaves was lifted by the wind into Emilio's yard next door.It landed on the lawn mower which exploded, setting fire to the wooden lawn furniture.Henry's best argument against liability would be:

Chris was driving a car with defective brakes very slowly down Fifth Avenue looking for a parking place.Mindy jumped out into the street five feet in front of his car.Chris could not avoid hitting her.What is Chris's best defense to the charge of negligence?

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?

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:

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

Joe intentionally pushed Bill into a fence negligently erected by Sam around Sam's swimming pool.The fence caved in and Bill nearly drowned.Under the Second Restatement, who is liable?

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