accident attorney Personal Injury Law Basics 2 — Questions and Answers
Question 1: What is res ipsa loquitur in accident law?
- A doctrine allowing negligence to be inferred from the nature of the accident (Correct answer)
- A Latin phrase meaning the defendant is always liable
- A rule requiring expert testimony in all cases
- A standard for criminal negligence
Correct answer: A doctrine allowing negligence to be inferred from the nature of the accident
Res ipsa loquitur allows negligence to be inferred when the accident would not ordinarily occur without negligence.
Question 2: What is respondeat superior and how does it apply to accident cases?
- Employers are liable for employees' negligent acts committed during employment (Correct answer)
- Only supervisors bear liability for workplace accidents
- Employees are solely responsible for their own torts
- Government entities cannot be sued for employee negligence
Correct answer: Employers are liable for employees' negligent acts committed during employment
Respondeat superior holds employers vicariously liable for torts committed by employees within the scope of their employment.
Question 3: Which type of accident case involves a defective product causing harm to a consumer?
- Products liability (Correct answer)
- Premises liability
- Medical malpractice
- Workers' compensation
Correct answer: Products liability
Products liability holds manufacturers and sellers responsible when defective products cause injury.
Question 4: What does assumption of risk mean in an accident case?
- The plaintiff voluntarily accepted a known risk and may be barred from recovery (Correct answer)
- The defendant assumed the risk of being sued
- Both parties share equal fault automatically
- Insurance companies assume all financial risk
Correct answer: The plaintiff voluntarily accepted a known risk and may be barred from recovery
Assumption of risk is a defense where the defendant argues the plaintiff knowingly and voluntarily accepted the danger that caused injury.
Question 5: What is the purpose of a demand letter in an accident injury claim?
- To formally notify the at-fault party and their insurer of the claim and demand compensation (Correct answer)
- To file a lawsuit in civil court
- To request a deposition from the defendant
- To ask the court for an emergency injunction
Correct answer: To formally notify the at-fault party and their insurer of the claim and demand compensation
A demand letter outlines the facts, injuries, and amount of compensation sought, initiating pre-litigation negotiations.
Question 6: What is subrogation in the context of accident injury insurance claims?
- An insurer's right to recover payments from the at-fault party after compensating the insured (Correct answer)
- The plaintiff's right to sue multiple defendants simultaneously
- A court order transferring liability to a third party
- The process of dividing damages between insurers
Correct answer: An insurer's right to recover payments from the at-fault party after compensating the insured
Subrogation allows an insurance company that paid a claim to step into the shoes of the insured and pursue the at-fault party for reimbursement.
accident attorney Personal Injury Law Basics 2
What is res ipsa loquitur in accident law?