Assessment & Evaluation Flashcards

Which set lists the elements an adjuster must establish to evaluate a negligence claim?

Answer: Duty, breach, proximate cause, damages

Negligence requires a legal duty, a breach of it, proximate causation, and actual damages.

A barrel falls from a warehouse window onto a pedestrian, and the defendant had exclusive control of the warehouse. Which doctrine lets negligence be inferred?

Answer: Res ipsa loquitur

Res ipsa loquitur permits an inference of negligence when an event ordinarily doesn't occur without negligence and the defendant had control.

Under the last clear chance doctrine, a negligent claimant may still recover if:

Answer: The defendant had the final opportunity to avoid the accident and failed to

Last clear chance holds the defendant liable if they could have avoided the harm after the claimant's negligence created the peril.

In a jurisdiction that follows pure contributory negligence, a claimant who is 5% at fault recovers:

Answer: Nothing

Pure contributory negligence bars any recovery if the claimant contributed to the harm at all.

Under joint and several liability, the claimant may:

Answer: Recover the full judgment from any one liable defendant

Joint and several liability allows the claimant to collect the entire amount from any responsible defendant.

An employer is held liable for a delivery driver's negligent crash during a delivery route. This is an example of:

Answer: Vicarious liability under respondeat superior

Respondeat superior makes employers vicariously liable for employees' negligence within the scope of employment.

A spectator hit by a foul ball at a baseball game sues the stadium. Which defense is most likely raised?

Answer: Assumption of risk

Assumption of risk applies when a person knowingly and voluntarily accepts an inherent danger.