Deck 5: Principles of Negligence

Question 1

Which of the following is not true concerning young people?

A) A young child who is negligent will not be liable for any injuries caused thereby.
B) The standard of care owed to young guests by a hotel that accepts children as guests is impacted by their inexperience and impulsive nature.
C) Because parents are required to care for their children, the duty of care owed to children is the same as that of adults.
D) The doctrine of attractive nuisance applies to children.

Answer 1

C

Question 2

A restaurant patron was injured when she fell on icy steps. The steps did not have a railing. Had a railing been present, the patron could have stopped her fall. The local laws applicable to buildings mandated that all steps have railings on both sides. Which of the following will apply in this case?

A) Negligence per se doctrine
B) Res ipsa loquitur
C) Contributory negligence
D) Attractive nuisance

Answer 2

A

Question 3

If a plaintiff in a negligence case is unable to prove proximate cause, the plaintiff will lose the case and not be able to recover.

Answer 3

True

Question 4

Due to a hotel's negligence, an entertainer broke her leg and was unable to perform as scheduled at a sold-out concert. The promoter of the concert sued the hotel in negligence to recover its loss. True or false: The hotel will be liable to the promoter for the loss.

Question 5

From the time a visitor of a hotel guest enters the hotel until the visitor leaves, the visitor is legally considered an invitee.

Question 6

Which of the following is not an objective of the doctrine of respondeat superior?

A) It helps to ensure that the plaintiff will have a financially secure defendant.
B) It assists low-paid employees in handling legal liability.
C) It encourages employers to exercise caution in the selection of employees.
D) It encourages employers to train their employees well.

Question 7

The only duty owed by a hotel to a trespasser is to warn of those dangers about which the hotel is aware.

Question 8

A restaurant's duty to licensees requires that it inspect the premises for unsafe conditions and then correct those conditions.

Question 9

To whom does the hotel owe the least duty?

A) An invitee
B) A licensee
C) A trespasser
D) A visitor of a guest

Question 10

Proximate cause is a direct and foreseeable connection between the duty owed and the breach of that duty.

Question 11

The legal duty we have to act reasonably is owed to everyone.

Question 12

The doctrine of res ipsa loquitur creates a rebuttable inference that the defendant was negligent.

Question 13

Which of the following is not one of the elements a plaintiff in a negligence case must prove?

A) The existence of a duty owed by the defendant to the plaintiff
B) A breach of duty to act reasonably
C) The financial circumstances of the defendant
D) An injury suffered by the plaintiff

Question 14

A patron was injured at a restaurant. Both the restaurant and the patron were negligent. If the restaurant is located in a state that follows the comparative negligence rule, which of the following is true?

A) The restaurant will have no liability, and the patron's case will be dismissed.
B) The restaurant will be fully liable for the injuries.
C) The jury will allocate the liability between the patron and the restaurant; the patron will collect a percentage of liability attributed to the restaurant.
D) The restaurant will be fully liable for the loss and will be required to pay punitive damages as well.

Question 15

A hotel is an ensurer of guests' safety.

Question 16

If the problem that caused injury to a diner at a restaurant could not have been discovered upon a reasonable examination of the premises, the restaurant will not be liable for the injury.

Question 17

The legal doctrine that imposes liability on a defendant even when the defendant is not negligent is:

A) Comparative negligence
B) Strict liability
C) Last clear chance
D) Contributory negligence

Question 18

A waitress at a restaurant, while checking on her tables, observed a diner choking. Is the waitress legally obligated to aid the choking diner?

A) No, and if she does and is negligent, the restaurant will not be liable.
B) Yes, and if she does not, the restaurant will be liable.
C) No, but if she does and is negligent, the restaurant will be liable.
D) Yes, and if she does, the restaurant will not be liable even if the waitress is grossly negligent.

Question 19

Which of the following is a risk that is assumed?

A) The risk that a person playing tennis will be hit by a ball in play
B) The risk that a person playing racquetball may fall in a hole on the court
C) The risk that a ski trail will have a small bush on it
D) The risk that a paddleboat at a hotel has a hole in it, causing the boat to slowly sink

Question 20

Which of the following means, "the thing speaks for itself"?

A) Attractive nuisance doctrine
B) Res ipsa loquitur
C) Negligence per se
D) Last clear chance

Question 21

The duty owed to licensees is ____________________________________________________________.

Question 22

____________________ is a breach of legal duty to act reasonably that is the direct or proximate cause of injury to another.

Question 23

For a plaintiff in a negligence case to succeed there must be a ______________________________ relationship between the injury and the unreasonable conduct.

Question 24

____________________ refers to many types of noncriminal wrongful conduct done by one person and causing injury to another.

Question 25

An employer is liable for the negligent acts of its employees.

Question 26

An ______________________________ is a potentially dangerous object or condition of exceptional interest to young people.

Question 27

A 5-year-old child's negligence caused injury to a man. True or false: The child will be liable to the man for his injuries.

Question 28

The legal doctrine of _________________________ will benefit the plaintiff in a case where the circumstances suggest that the defendant was negligent but no proof of specific acts of negligence exists.

Question 29

In a case where both the plaintiff and defendant are negligent, the defendant will have no liability if the state follows the rule of ______________________________.

Question 30

The doctrine of ______________________________ imposes liability on the seller of a defective product without regard to negligence.

Question 31

If assumption of risk applies, the defendant will not be liable.

Question 32

A restaurant that complies with all the safety statutes and ordinances applicable to it will not be liable for negligence regardless of how a patron is injured.

Question 33

Two precautions a hotel with mirrored or glass walls might take to avoid injury are _______________________________________, _______________________________________.

Question 34

An employer is never liable for the acts of independent contractors.

Question 35

A hotel guest went swimming alone in the hotel pool at 2:00
a.m. His family sued the hotel, claiming negligence per se because the hotel did not have a shepard's hook by the pool, as required by law. True or false: The doctrine of negligence per se will result in liability of the hotel in this case.
a.m. and drowned. He was not discovered until 8:00

Question 36

______________________________ are laws that protect a person from liability for all but gross negligence where, in an emergency situation, the person tries to help a sick or injured person or someone in peril.

Question 37

To win a lawsuit, the plaintiff must show what types of injuries?