Exam 7: B: Negligence and Strict Liability

Proximate cause exists when injuries sustained were too remotely connected to an incident to trigger liability.

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

Causation in fact can be determined by use of the but for test.

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

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

Beth is injured in a car accident and sues Cash,alleging negligence.Cash claims that Beth was driving more carelessly than he was.Comparative negligence may reduce Beth's recovery

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

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.

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

To determine whether a duty of care has been breached,a judge asks how he or she would have acted in the same circumstances.

Under the doctrine of comparative negligence,both the plaintiff's and the defendant's negligence are taken into consideration.

Nadine is a spectator at the Metro City Softball Tournament,an athletic competition.Regarding the risk of injury,Nadine assumes the risks

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

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?

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

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

Sam,an engineer,supervises the construction of a new bridge.When the bridge col?lapses due to faulty construction,Sam is sued by those injured in the collapse.As a professional,Sam is held to the same standard of care as

Fact Pattern 7-A1 Roy owns an apartment building that contains units of different sizes.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 landlord of the building,when a prospective tenant asks about the size of an apartment,Ray has a duty to

Driving his sport utility vehicle negligently,Bart crashes into a streetlight.The streetlight falls,smashing through the roof of a house,killing Chris.But for Bart's negligence,Chris would not have died.Regarding the death,the crash is the

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