Exam 7: Negligence and Strict Liability

Kay carelessly bumps into Lyle,knocking him to the ground.Kay has committed the tort of negligence

An ordinary person standard determines whether allegedly negligent conduct resulted in a breach of a duty of care.

Earth Movers,Inc.,uses dynamite to prepare land for highway pro?jects.Strict liability is imposed on this activity because

Eva owns Fast-Rate Salvage,a demolition company.A demolition by a Fast-Rate crew injures Glen,a passerby.Under the theory of strict li?abil?ity,Eva must pay for Glen's injury

Neal,a twelve-year-old,buys a pair of skis from Outdoor Outfitters (OO),telling the salesperson that he has never been skiing but "really wants to do it." The salesperson urges Neal to take a lesson in the sport before attempting a run,but Neal ignores the advice.On the first run,Neal loses control,hits a tree,and is injured.Neal files a suit against OO,alleging that it was negligent to have sold the skis to him,when he was clearly too young and inexperienced.How might OO defend itself?

Under the doctrine of strict liability,liability is imposed strictly according to fault.

An Illinois state statute requires commercial vehicle drivers to "fully attend to the operation of the vehicle." Jerry,a driver for Crosstown Taxi Company,is driving and talking on his cell phone when his cab collides with Kayla's car,injuring her.Kayla's best theory for recovery against Jerry and Crosstown is

One characteristic of an abnormally dangerous activity is that it involves a low degree of risk.

Nick sees Opal,a stranger,in peril,but does not attempt to rescue her.Opal could successfully sue Nick for

John sees that Kris is about to step into the path of an oncoming bus.If John does not warn Kris of the danger,John is liable

Edie is injured when she is struck by debris from an explosion at Finest Fireworks Factory.The rule that harm must be foreseeable to constitute the proximate cause of an injury under a negligence theory was established in

Clyde enters Desert Decathlon,an athletic competition in which Clyde has often competed.Regarding the risk of injury,Clyde assumes the risks

In an emergency situation,Milena,an emergency medical technician,renders aid to Lothar,who needs help.Lothar would most likely be prohibited from suing Milena for negligence under

Biff went to Carraba's Market to pick up a few items for dinner.It was a rainy,windy day,and the wind had blown water through the entrance to Carraba's each time the door opened.As Biff entered,he slipped and fell in the rainwater that had accumulated on the floor.Dorothea,the manager,knew of the weather conditions but had not posted any sign to warn customers of the water hazard.Biff injured his back as a result of the fall and sued Carraba's for damages,alleging negligence.Is Carraba's liable? Why or why not?

Under the theory of negligence,the duty of care requires one person to come to the aid of another in "peril."

If no harm results from an allegedly negligent act,there is no liability.

Under the "danger invites rescue" doctrine,a person who tries to rescue another individual from harm is liable for any injuries to the individual.

A defense available in an action based on a negligence theory is that the plaintiff failed to prove one or more of the required elements.

Leon files a suit against Moira,a medical doctor,alleging negligence.As a physician,Moira is held to the standard of

Bette backs out of City Parking Garage,colliding with Dill's car.Dill may recover $7,500 to cover the cost of the repairs if Bette failed to act as