accident attorney Personal Injury Law Fundamentals 2 — Questions and Answers
Question 1: Which element of negligence requires a direct link between the defendant's conduct and the plaintiff's injury?
- Causation (Correct answer)
- Duty
- Breach
- Damages
Correct answer: Causation
Causation requires both actual cause ('but-for' test) and proximate cause (foreseeability) to connect defendant's breach to plaintiff's harm.
Question 2: What is the 'eggshell skull' (thin skull) rule in personal injury law?
- Defendants take plaintiffs as they find them, even with pre-existing vulnerabilities (Correct answer)
- Plaintiffs must disclose all prior injuries
- Defendants are only liable for foreseeable injuries
- Plaintiffs cannot recover for pre-existing conditions
Correct answer: Defendants take plaintiffs as they find them, even with pre-existing vulnerabilities
The eggshell skull rule holds that a defendant is fully liable for a plaintiff's injuries even if those injuries are unusually severe due to a pre-existing condition.
Question 3: What does 'proximate cause' mean in a negligence claim?
- The defendant's breach was a foreseeable cause of the type of harm that occurred (Correct answer)
- The defendant physically caused the injury
- The plaintiff was closest to the accident scene
- The injury occurred immediately after the breach
Correct answer: The defendant's breach was a foreseeable cause of the type of harm that occurred
Proximate cause limits liability to harms that were reasonably foreseeable as a result of the defendant's negligence, cutting off liability for remote or unforeseeable consequences.
Question 4: What is a 'tortfeasor' in personal injury law?
- A person or entity that commits a tort (Correct answer)
- A type of personal injury claim
- A court-appointed mediator
- A defense attorney
Correct answer: A person or entity that commits a tort
A tortfeasor is the party whose wrongful act or omission gives rise to a tort claim and potential civil liability.
Question 5: Which doctrine allows a plaintiff to recover even if partially at fault, reducing recovery by their percentage of fault?
- Pure comparative negligence (Correct answer)
- Contributory negligence
- Assumption of risk
- Last clear chance
Correct answer: Pure comparative negligence
Under pure comparative negligence, a plaintiff may recover damages reduced by their percentage of fault, even if they are 99% at fault.
Question 6: What is 'assumption of risk' as a defense in personal injury cases?
- The plaintiff voluntarily accepted a known risk inherent in an activity (Correct answer)
- The defendant assumed the plaintiff's medical bills
- Both parties agreed to arbitrate
- The plaintiff failed to wear protective equipment
Correct answer: The plaintiff voluntarily accepted a known risk inherent in an activity
Assumption of risk is a complete or partial defense where the defendant shows the plaintiff knowingly and voluntarily encountered the risk that caused injury.
accident attorney Personal Injury Law Fundamentals 2
Which element of negligence requires a direct link between the defendant's conduct and the plaintiff's injury?