Personal Injury Law Basics Flashcards
6 cards from real accident attorney practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Personal Injury Law Basics flashcards as text
What is res ipsa loquitur in accident law?
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.
What is respondeat superior and how does it apply to accident cases?
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.
Which type of accident case involves a defective product causing harm to a consumer?
Answer: Products liability
Products liability holds manufacturers and sellers responsible when defective products cause injury.
What does assumption of risk mean in an accident case?
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.
What is the purpose of a demand letter in an accident injury claim?
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.
What is subrogation in the context of accident injury insurance claims?
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.