Exam 7: Negligence and Strict Liability

Dani commits an act that endangers Efron. Fab and Gert see the danger. Fab tries to help Efron and is injured. Gert watches and does nothing. Can Dani be held liable for Fab's injury? Can Gert be held liable for not trying to help Efron?

In an emergency situation, Lori renders aid to Mike, who needs help. Mike would most likely be prohibited from suing Lori for negligence under

A reasonable person standard determines whether a person could have avoided suffering harm from another's allegedly negligent act.

Under the theory of negligence, harm must be foreseeable to be considered the proximate cause of an injury.

Gina slips and falls in Homestyle Shopping Center and is injured. Gina files a suit against Homestyle for $500,000. Under a "pure" comparative negligence rule, Gina could recover damages from Homestyle

No one is expected to exercise a reasonable standard of care in every activity.

Caleb is driving a car in which Dona is a passenger when an accident occurs. Caleb and Dona are emotionally rattled, but neither is physically hurt. Caleb is not liable to Dona on a negligence theory because

Dependable Appliances, a retail store, must use reasonable care on its premises to warn its patrons of

One characteristic of an abnormally dangerous activity is that it is not commonly performed in a certain area.

Dan, a driver for EZ Delivery Company, leaves the truck's motor running in neutral and carelessly forgets to set the parking brake while he makes a delivery. The truck rolls and crashes into a nearby gas station pump, igniting a fire that spreads quickly to a construction site a block away. A burned wall col?lapses onto a crane, which falls on, and injures, a by?stander, Flo. What must Flo show to recover dam?ages from Dan?

Lana hires Mike, an architect, to design a warehouse. Lana is dissatis?fied with the look of the new building and sues Mike, alleging negligence. Mike can successfully defend against the suit by proving that

A person assumes any risk that is different from or greater than the risk normally carried by an activity.

Reaching for a bottle of soda from a display in a Big Bargains store, Cody slips in a puddle of spilled soda and falls, suffering an injury. Big's employees are not aware of the spilled soda until Cody falls. In a suit against Big, Cody will most likely

Frank slips and falls on Gail's Harbor Tour Boat and is injured. Frank files a suit against Gail's for $500,000. If Frank is 20 percent at fault and Gail's is 80 percent, under the "50 percent rule" comparative neg?ligence principles, Frank would recover

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 a tenant in the building, Shelly has a duty to

An assumption of risk defense does not require that a risk be voluntarily assumed.

Ira shops in a Jolly Mart store. Enticed by a display, Ira takes an item to examine it and, when he is done, places it on the floor. Kris, a consumer enticed by the same display, does not see the item on the floor, trips over it, falls, and suffers an injury. With respect to the danger, Jolly had

Lyn is injured when she is struck by debris floating on her property flooded by a breach of Mining Company's reservoir. The rule that a person who engages in certain activities may be liable under the doctrine of strict liability for any harm that results was established in

Liu enters Mountain Triathlon, an athletic competition in which Liu has never competed. Regarding the risk of injury, Liu assumes the risks

To protect its customers and other business invitees, Sav-Mart Grocery Stores Corporation must warn them of