Exam 7: Negligence and Strict Liability

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

A person who keeps a wild animal is always strictly liable for any harm that the animal inflicts.

Assumption of risk can be raised as a defense in a negligence suit.

Fact Pattern 7-A1 Roy owns a building in which Shelly rents an apartment. The sidewalks around the building are in poor repair. Many sections have buckled from the growth of tree roots over the years. -Refer to Fact Pattern 7-A1. As the owner of the building, Roy has a duty to

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

If one person's act harms another, there is may be liability for negligence even if the actor did not intend the harm.

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

Nico is a passenger in a car driven by Owen, whose negligence causes an accident, injuring himself. Nico, uninjured, accompanies Owen to Parkside Hospital in an ambulance. The ambulance is hit by a car driven by Quin, injuring Nico. Nico files a suit against Owen, whose best defense is

George has a badly infected right foot. Herb, George's physician, prescribes amputation. George agrees. During the operation, Herb amputates the left foot. In George's suit against Herb, George's best theory for recovery is

Pam files a successful suit against Quantity Stores based on Quantity's neg?ligence. Normally, an award in such a suit consists of

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

In many states, the plaintiff's negligence is a defense that may be raised in a negligence suit.

Valuable Resources, Inc., uses dynamite in its remote mining operations. Will stores household cleaners in his suburban garage. Most likely liable under the doctrine of strict liability for any injury caused by an abnormally dangerous activity is A) neither Valuable Resources nor Will. B) Valuable Resources and Will. C) Valuable Resources only. D) Will only.

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

A state statute requires machinery in industrial plants to include automatic shut-off switches accessible to each employee working on the machine. Steel Company's (SC's) equipment does not have the switches. Trudy, an SC employee, suffers an injury that an accessible shut-off switch would have prevented. Trudy's best theory for recovery against SC is

Proximate cause exists when the connection between an act and an in?jury is strong enough to justify imposing liability.

Under a dram shop act or a social host statute, liability can be imposed without proof of negligence.

The basis for applying strict liability is an intentional wrongful act.

Drake pushes Evon into the path of an oncoming car driven by Flip. Gina tries to rescue Evon, but the car hits both of them. Drake is liable for the injuries of

Dirk is driving a sport utility vehicle in which Elin is a passenger when they are involved in a traffic accident, and Elin is injured. Liability may be imposed on Dirk for Elin's injury if Dirk's driving is