Exam 7: Negligence and Strict Liability

Negligent persons are generally held jointly liable (along with the negligent physician) for negligent medical care their victims receive for their injuries. This is true according to:

Emmy worked late nights at a convenience store. One night, Emmy discovered that the "emergency alert" security system was not working. The owner of the store told her that he would have the system repaired immediately. Nevertheless, a month went by before the system was repaired. In the meantime, the store was robbed while Emmy was working and, in the course of the robbery, the perpetrator broke Emmy's leg. Under these circumstances, if Emmy presses charges, she is most likely to recover from the store owner:

The doctrine of _____ holds that even though the plaintiff was negligent, he or she can still recover if it can be shown that the defendant had the final opportunity to avoid the harm.

Jose, a migrant worker who lived in a mobile home, died in a fire. The smoke alarm of the mobile home malfunctioned and did not go off. He was trapped inside while the fire engulfed him. The state had a law that required dwellings to be equipped with smoke detectors and that they be maintained. In this scenario, Jose's widow can sue the owner of the mobile home under _____.

People who do not conform to a statute are sometimes considered to be negligent per se. This means that:

When a defendant's behavior indicates a "conscious disregard for a known high degree of probable harm to another," the defendant is guilty of _____.

If Nancy steps into the path of George's speeding car without checking to see whether any cars are coming, her _____ might prevent her from receiving damages for her injuries from George.

Which of the following is true about the breach of duty?

Under a pure comparative negligence system, plaintiffs _____.

A negligent person is liable only for the proximate results of his or her negligence.

Violetta was injured in a bike accident while on a ride with Alfredo, who she knew was intoxicated. A court would regard this as:

Negligence is an intentional breach of duty that may or may not result in harm to another.

What does it mean to say that negligent defendants "take their victims as they find them?"

Martin works as a pizza delivery person. He parks his bike outside Regalia Inc. to deliver an order. Meanwhile, a damaged book rack in Regalia, which is situated on the first floor of the building, falls down through an open window and crashes on his bike. However, no one admits to having seen the rack fall. Can Martin recover against Regalia for negligence?

_____ is a good defense to recklessness.

A plaintiff in a negligence suit must prove that the defendant had a duty not to injure the plaintiff.

Which of the following statements is true for assumption of risk?

Negligent persons are not generally liable for injuries sustained by those who are injured while making reasonable attempts to avoid being injured by the negligent person's acts.

Reuben and Priya meet with an accident and get injured. Priya is 25 percent at fault for her injuries, and Reuben is 75 percent at fault for his injuries. Which of the following would be true under a pure comparative negligence system?

Describe strict liability