Exam 8: Negligence and Strict Liability

In applying the reasonable person standard, the court takes into account a person's physical, but not mental, handicaps.

In which of the following situations would a landowner NOT have liability to a trespasser?

Defenses to an action in strict liability include:

Ted is informed that his eight-year-old child is shooting in the street with a .22 rifle.Ted fails to take the gun away from the child.The child unintentionally shoots Bill, a pedestrian.Ted is liable to Bill.

Even though contributory negligence is proven by a defendant in a state in which it acts as a complete bar to recovery, the plaintiff may still recover if the defendant had the last clear chance to avoid the injury but did not avail himself of the chance.

The owner of a dog will always be strictly liable if the dog bites someone.

Tom's dog has bitten three mailmen, but Tom can't bear to chain him up.When the dog bites the newspaper delivery person, Tom will be strictly liable.

The Third Restatement of Torts limits the defense of assumption of risk to express assumption of the risk.

Sarah goes to Marlin's Seafood Restaurant for dinner.The restaurant has a loose tile on the floor near the entry, which is known to the owner, but not marked.Sarah trips and falls and breaks her arm.Sarah's status with regard to the store is that of:

What is the difference between contributory negligence and comparative negligence? Why have so many states adopted comparative negligence?

A tiger gets loose from the tent of a circus and mauls a passerby.The circus claims it has always treated the animal well and that it was not at all negligent in its handling of the animal.The circus has no liability for the injury caused by the animal.

All intervening events that occur subsequent to the defendant's negligent conduct will relieve the defendant of liability.

Negligence per se is a defense in a negligence case.

A number of states have included social guests in the invitee category, although they have traditionally been labeled as licensees.

A widely applied test for causation in fact is the "but-for" test.

Mark is out sailing in his boat one evening when he hears a young girl crying for help in the lake.Which of the following is true?

The general rule in negligence is that a person is under a duty to all others at all times to exercise reasonable care for the safety of others.

While comparative negligence is generally not a defense in a strict liability case, contributory negligence generally is a successful defense.

Two of the factors that are taken into consideration in determining the scope of liability for negligent conduct are foreseeability and superseding cause.

Adam doesn't like having neighborhood teenagers walk across his yard at night.He rigs an animal trap on the path the teenagers usually use to cross his land.One night, Tim and his friends are walking across the yard when Tim gets caught in the trap.He is taken to the hospital for his injuries.In this case: