Exam 7: A: Negligence and Strict Liability

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

Only a foreseeable intervening event can break the connection between a wrongful act and an injury to another.

Joe sees Karo floundering in Lake Rough Waters.Joe is liable on the ground of negligence

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?

Negligence per se may occur on the violation of a statute.

If a defendant's act constitutes causation in fact with respect to a plaintiff's injury,the defendant is liable without further consideration.

In many states,the plaintiff's negligence is a defense that may be raised in a negligence suit.

If a person breaches a duty of care and another person suffers an injury,the breach must have caused the harm for liability to result.

Leo slips and falls in Mornin' Breakfast Café and is injured.Leo files a suit against Mornin' for $50,000.If Leo is 20 percent at fault and Mornin' is 80 percent,under a contributory negligence doctrine,Leo would recover

Assumption of risk can be raised as a defense in a negligence suit.

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

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

Causation in fact exists if an injury would not have occurred without the defendant's act.

Strict liability is imposed for reasons other than fault.

Kelly is injured when she slips and falls on Lee's sidewalk.To determine whether Lee owed a duty of care to Kelly,Lee is subject to the standard of

A water pipe bursts,flooding an Invidious Workplace Company utility room and tripping the circuit breakers on a panel in the room.Invidious contacts Jordan,a licensed electrician with five years experience,to check the damage and turn the breakers back on.Without testing for short circuits,which Jordan knows that she should do,she tries to switch on a breaker.Jordan is electrocuted and disabled,but survives to sue Invidious for damages,alleg?ing negligence.What might Invidious claim in defense?

Under the theory of negligence,the duty of care requires one person to aid another who has suffered harm from someone's negligence.

Drake pushes Evon into the path of an oncoming car driven by Flip.Gina tries to rescue Evon,but the car hits both of them.Drake is liable for the injuries of

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

A Rhode Island state statute imposes fines on tire repair businesses whose pneumatic equipment does not include automatic shut-off switches to protect employees.Bob's Brakes & Tires,Inc. ,does not have the switches on its equipment.Carter,a Bob's employee,suffers an injury that a shut-off switch would have prevented.Carter's best theory for recovery is