Exam 19: The Liability Risk

Which of the following statements about comparative negligence laws is (are) true? I.Under the pure rule, any negligence by the plaintiff automatically bars recovery for damages. II.Under the 50 percent rule, parties who are equally at fault are each allowed to recover damages.

One tort reform proposal is capping noneconomic damages. Noneconomic damages include

Francis opened a store. She knows that customers who come to the store may be injured on the premises and hold her responsible for their injuries. Under common law, business customers in the store Francis opened are considered

Which of the following statements about the elements of negligence is (are) true? I.The negligence of the tortfeasor may arise from a failure to act. II.The damage that results must be in the form of property damage.

In the context of medical malpractice, what is a "never event"?

One tort reform permits manufacturers to assert that as long as the product conformed to the prevailing technology and production methods at the time it was produced, it cannot be considered a defective product today. This defense is called the

Under one doctrine, a person who understands the danger inherent in an activity cannot recover damages in the event of injury from the activity. This doctrine is called the

Which of the following are legal obligations of a property owner with respect to an invitee? I.The property owner must warn an invitee of any unsafe conditions. II.The property owner must inspect the premises and eliminate any dangerous conditions revealed by the inspection.

A legal wrong for which the law allows a remedy in the form of money damages is a

Steve was involved in an auto accident. Both drivers were partially at fault for the accident. Steve's actual damages were $50,000. He was judged to be 60 percent at fault. If Steve's state has a 51 percent rule for comparative negligence, how much will Steve collect?

Alternative techniques for resolving legal disputes without litigation include which of the following? I.Arbitration II.Mediation

James was injured in an auto accident caused by another motorist's negligence. He received severe facial lacerations and injured his back in the accident. In payment for his pain, suffering, and disfigurement, losses which cannot be specifically itemized, James will receive

All of the following requirements must be met to satisfy the doctrine of res ipsa loquitur EXCEPT

Trisha was injured when the delivery truck for a local furniture store struck her. The delivery driver claimed the brakes of the delivery truck failed, causing the accident. Trisha filed suit, and in her lawsuit named the delivery driver, the furniture store, the service station responsible for vehicle maintenance, and the manufacturer of the vehicle. Even though the manufacturer of the vehicle may be only 1 percent responsible for the accident, it may be required to pay a large percentage of the damages under the

Nancy was injured when she drove her car through a stop sign and was struck by Philip's car. Philip saw Nancy and could have stopped. However, he failed to do so since he had the right-of-way. Nancy can recover damages from Philip under which of the following legal doctrines?

Jan was injured in a work-related auto accident. She sued the other driver, and the case went to court. While questioning Jan, the defendant's lawyer asked if her injuries and lost earnings were covered under workers compensation. Jan's lawyer objected to the question. The judge ruled the question was improper and instructed the jury to disregard the question. Based on the judge's reaction to the question, which of the following rules is in force where this trial took place?