Exam 9: Negligence, Strict Liability, and Product Liability

Res ipsa loquitur shifts the burden of proof from the plaintiff to the defendant.

A customer in a restaurant would be considered ________ to whom the restaurant owner owes a duty ________.

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

As it applies to landowners,which of the following statements regarding liability to a licensee is correct?

On Monday,Travis took his four-wheeler to Reppart's Equipment & Service for repair because the steering was not working properly.On Friday he called Reppart's to see if his four-wheeler was ready because he wanted it for a weekend trip.Reppart's said they had done the major repairs but that the steering system still needed some work and they needed another few days to finish the repairs.Travis told them he would pick the four-wheeler up and use it for the weekend and then bring it back to have them finish their work.While riding with friends on the weekend,Travis ran into someone because the steering stuck and he couldn't swerve to avoid them.Discuss how a court would determine causation in a negligence suit against Travis.

A defendant engaging in an ultrahazardous activity is almost always liable for any harm that results.

One morning,Miles accidentally dropped a thumbtack on the chair of the office manager where he worked.The office manager sat on the tack and two days later,was hospitalized with an infection caused by the tack.Which of the following is correct?

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

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

Wayne worked in an office.He had no criminal record,had never had a complaint made against him about his work or his conduct,and had been a faithful employee for nearly 20 years.One day,Wayne followed his supervisor to his home and fatally shot him.The estate of the supervisor sued the company,claiming it should have been aware of Wayne's growing frustration with work.The company's best defense will be that

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?

A landowner's highest duty is owed to licensees.

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.

Palsgraf v.Long Island Railroad Co.addressed the issue of furnishing alcohol to minors.

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

What level of owner's liability does a trespassing adult have?

Bob,a weak swimmer,ignored warning signs in a recreational swimming area and went into deep water.He soon grew tired and realized that he could not make it back to shore.Seeing Kelly,he cried out for help.Kelly,however,ignored the pleas.Bob was finally saved by Dorothy,but suffered brain damage from being submerged during the ordeal.Bob now sues Kelly for negligence for failing to try to save him.Bob will:

Tommie,a six-year-old child,was seriously injured when he stuck a fork into an electrical outlet at a restaurant.His parents sued the restaurant where the incident occurred,claiming it should have had child protective guards on the outlets even though no law required the restaurant to do so.Whether the restaurant is liable will be dependent upon whether

For the defendant to be liable in a negligence case,it must be proven that the type of harm caused by the defendant must have been reasonably foreseeable.This is referred to as