Negligence and Liability Flashcards

What is joint and several liability?

Answer: Each defendant can be held responsible for the full amount of damages

Joint and several liability allows the plaintiff to collect the entire judgment from any one defendant, regardless of that defendant's percentage of fault.

What is dram shop liability in accident law?

Answer: Legal liability of bars and restaurants for serving alcohol to visibly intoxicated patrons who later cause accidents

Dram shop laws hold alcohol vendors liable when they serve visibly intoxicated individuals who subsequently injure others.

What is negligent entrustment in the context of vehicle accidents?

Answer: Liability of a vehicle owner for lending their car to an incompetent or unlicensed driver

Negligent entrustment holds the vehicle owner liable when they knowingly allow an unqualified driver to use their vehicle and that driver causes an accident.

Which defense argues that a hazardous condition was so obvious that the plaintiff should have avoided it?

Answer: Open and obvious doctrine

The open and obvious doctrine may reduce or eliminate landowner liability when a dangerous condition is readily apparent to any reasonable person.

What is the last clear chance doctrine?

Answer: A rule allowing a negligent plaintiff to recover if the defendant had the final opportunity to avoid the accident and failed

Last clear chance allows a contributorily negligent plaintiff to recover if the defendant, seeing the plaintiff's peril, failed to use a reasonable opportunity to avoid the harm.

What is vicarious liability in accident law?

Answer: Liability imposed on one party for the negligent acts of another due to their relationship

Vicarious liability holds one party such as an employer legally responsible for the tortious acts of another such as an employee based on their relationship.