Exam 8: Negligence and Strict Liability

Comparative negligence has replaced the contributory negligence doctrine in most states.

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

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.

Pat and Sally started a charcoal fire for Sally's backyard barbecue and left it uncovered.Then Sally went into the kitchen to make hamburger patties.While Sally was inside, Pat backed up to catch a football and hit the grill, knocking the coals onto his feet.In a modified comparative negligence state, who is liable?

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

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

A ninety-year-old patient walked away from a nursing home and wandered onto some nearby railroad tracks.Once on the tracks, the patient stumbled and sprained his ankle.A few minutes later a train approached.The engineer saw the man on the track and could have stopped, but the train's brakes were defective.As a result, the train hit and killed the man.His family is suing the railroad for negligence.In this case:

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.

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.

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

The lawful possessor of land is liable to adult trespassers for failure to maintain the land in a reasonably safe condition.

Perry is injured on the job at the factory where he works.He files a workers' compensation claim against his employer.The liability of the employer under the workers' compensation statute is:

Cal sprayed pesticide on his crops in a very careful manner on a windless day.Nevertheless, some of the pesticide spray fell on his neighbor's side of the fence and contaminated the feed for the chickens.The chickens died, and the neighbor sues.What is the likely result?

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

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.

Oscar, who was driving too fast, collided with a truck carrying explosives.The truck was unmarked, so Oscar had no way of knowing what it contained.The collision caused an explosion, which shattered glass in a building a block away.The glass injured Ida, who was working inside the building.John, who was walking down the street near the site of the collision, was seriously burned as a result of the explosion.In this case:

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.

Conduct on the part of the plaintiff which falls below the standard to which he should conform for his own protection and which cooperates with the negligence of the defendant in bringing about the plaintiff's harm is:

Violation of a statute designed to protect underage, unlicensed drivers, as well as innocent third parties, from the consequences of juvenile car theft and "joy riding" by prohibiting car owners from leaving the keys in their cars if the cars are unattended, is likely to be characterized as:

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: