Exam 6: Negligence and Strict Liability

Kelley went ice skating on a neighbor's pond,but she fell through a thin area into icy waters.Kelley did not have permission to be on the property,and the neighbor did not even know that she was there.Is the neighbor liable for Kelley's injuries?

Tort law is not concerned with how to respond to injury caused by criminals,as this would be addressed by criminal law.

Tommie,a six-year-old child,was seriously injured when he stuck a fork into an electrical outlet.His parents sued the restaurant where the incident occurred,claiming it should have had child protective guards on the outlets.Whether the restaurant is liable will be dependent upon whether:

Annette drove through an intersection without looking and hit Vincent's car that he had driven into the intersection without obeying a stop sign.Annette sued Vincent.The jury found that Annette's fault contributed 20 percent to the collision and determined that her total loss was $100,000.Under comparative negligence,the jury should award Annette:

Most states recognize some form of comparative negligence.

The test of "Foreseeability" is generally used to determine the existence of which element of a negligence case?

While hunting,Roger enters Adele's property without permission and is injured by falling into a ditch that was obscured by the underbrush.Under the common law,Adele is liable for Roger's injuries.

List and discuss the elements necessary to establish negligence.

Which of the following statements regarding a negligence case is correct?

Mavrex,Inc.received an application from Larry and,since his written qualifications seemed to meet a pressing current need,they hired him without checking his references or prior records.Actually,Larry had been in prison for murder several years earlier.Tom,a long-time Mavrex employee,angered Larry when Tom tried to tell Larry how to do his job.Larry attacked and injured Tom.If Tom sues Mavrex,what would his cause of action be,and what elements would Tom need to prove to win his case?

Which of the following acts resulting in injury would be negligence per se?

Don was driving his truck when a board fell out of the truck bed and onto the road.Alice,who was driving closely behind Don's truck,tried to avoid the board,swerved and struck a telephone pole,causing her severe injuries.Which of the following is correct?

The duty of care that each of us must follow is to behave as a reasonable person.

A contractor used dynamite to loosen a rocky hillside.The blast from the dynamite caused a house foundation to crack.The house was located over a half-mile away from the dynamite site.The contractor was careful when using the dynamite and no allegation of negligence is made.However,the house owner claims the contractor is liable for damage to the foundation.Is the house owner correct? Explain.

Negligence concerns harm that:

A landowner's highest duty is owed to licensees.

In Hernandez v.Arizona Board of Regents,the court held that individuals who:

In a strict liability case,the courts still consider if the defendant acted in a reasonable and prudent manner.

Discuss the concepts of contributory negligence and comparative negligence.

Silas asks his friend Shelby to come to his property to go fishing at his pond.If he fails to warn her that the dock has a rotten spot and she falls through and is injured,Silas would be held liable in most states.