Exam 8: Negligence and Strict Liability

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:

Negligence per se is a defense in a negligence case.

In the majority of states, a defendant is liable for negligently inflicted emotional distress, even in the absence of resultant physical harm.

If Janice, while driving her car, negligently runs into Paul, a pedestrian who is carefully crossing the street, Janice is liable for:

An action for negligence consists of which of the following elements which the plaintiff must prove?

A(n) __________ is a sudden, unexpected event calling for immediate action, that is considered when determining whether conduct was reasonable in a negligence lawsuit.

Ray is informed that his six-year-old child is shooting in the street with a handgun. Ray fails to take the gun away from the child. The child unintentionally shoots Bill, a pedestrian. Ray is liable to Bill.

All intervening causes of harm are also superseding causes.

In most of the states, a sixteen-year-old who drives a car will be held to the same standard of care in driving as an adult for purposes of determining negligence.

All intervening events that occur subsequent to the defendant's negligent conduct will relieve the defendant of liability.

Garnett, who was driving too fast for conditions, collided with a truck carrying explosives. The truck was unmarked, so Garnett 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:

If a statute 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:

The reasonable person standard is:

Under the Second Restatement, the owner of land is liable to adult trespassers for failure to maintain the land in a reasonably safe condition.

The doctrine of res ipsa loquitur would permit the court to infer negligence in which of the following situations?

The "but for" test is useful when two or more forces, each of which is sufficient to bring about the harm in question, are actively operating.

A tiger gets loose from the tent of a circus and mauls a passerby. The circus claims it has always treated the animal well and that it was not at all negligent in its handling of the animal. The circus has no liability for the injury caused by the animal.

Arnie negligently stopped his car on the highway. Beth, who was driving along, saw Arnie's car in sufficient time to attempt to stop. However, Beth negligently put her foot on the accelerator instead of the brake and ran into Arnie's car. In this case:

A violation of a statute constitutes negligence per se regardless of whether the injured party is a member of the class protected by the statute.

There are no defenses available for strict liability; it is imposed absolutely.