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Exam 9: Negligence, Strict Liability, and Product Liability

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Question 1

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A landowner's highest duty is owed to licensees.

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Question 2

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If a court applies res ipsa loquitur

A) the plaintiff needs to prove the case by a preponderance of the evidence.
B) the plaintiff must prove the case by clear and convincing evidence.
C) the defendant has the burden of proving he or she is not liable.
D) the defendant is strictly liable.

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Question 3

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One morning, Miles accidentally dropped a thumbtack on the chair of the office manager where he worked. The office manager sat on the tack and, two days later, was hospitalized with an infection caused by the tack. Which of the following is correct?

Negligence concerns harm that

To establish res ipsa loquitur in most states, the plaintiff must demonstrate all but which of the following?

On Monday, Travis took his four-wheeler to Reppart's Equipment & Service for repair because the steering was not working properly. On Friday, he called Reppart's to see if his four-wheeler was ready because he wanted it for a weekend trip. Reppart's said they had done the major repairs but that the steering system still needed some work and they needed another few days to finish the repairs. Travis told them he would pick the four-wheeler up and use it for the weekend and then bring it back to have them finish their work. While riding with friends on the weekend, Travis ran into someone because the steering stuck and he couldn't swerve to avoid them. Discuss how a court would determine causation in a negligence suit against Travis.

A defendant set off fireworks at a fully licensed Fourth of July show. The result of the activity caused harm to the plaintiff. In order for the plaintiff to win a case of negligence, he or she need only prove that it was foreseeable that the defendant's conduct might cause harm.

The test of "foreseeability" is generally used to determine the existence of which element of a negligence case?

In a negligence case, the plaintiff must establish

The doctrine of contributory negligence is followed in most states.

Phillip was waiting for a bus at a bus stop. Across the street and down the block, a mechanic negligently overinflated a tire he was intending to put onto Marsha's pickup truck. The exploding tire injured Marsha and frightened a neighborhood dog, which ran down the street and knocked Phillip down, injuring his knee. Phillip sued the mechanic. In applying the Palsgraf v. Long Island Railroad decision to this case, Phillip would

Which of the following acts resulting in injury would be negligence per se?

Res ipsa loquitur shifts the burden of proof from the plaintiff to the defendant.

Anders suffered a shock when his electric radio dropped into the bathtub--while Anders was taking a bath. Anders argued that he did not realize it was dangerous to operate an electric radio near his bathtub. If he sues the radio manufacturer for damages, which claim is he most likely to make?

What is a principal factor in the risk-utility test?

If the defendant successfully proves __________, no matter how slight the plaintiff's negligence, the plaintiff will be denied any recovery of damages.

Most states recognize some form of comparative negligence.

In a strict liability case, the courts still consider if the defendant acted in a reasonable and prudent manner.

Mavrex, Inc. received an application from Larry, and since his written qualifications seemed to meet a pressing current need, they hired him without checking his references or prior records. Actually, Larry had been in prison for murder several years earlier. Tom, a long-time Mavrex employee, angered Larry when Tom tried to tell Larry how to do his job. Larry attacked and injured Tom. If Tom sues Mavrex, what would his cause of action be, and what elements would Tom need to prove to win his case?

A defendant engaging in an ultrahazardous activity is almost always liable for any harm that results.