CAIA Liability and Negligence Principles 2

Question 1

Which legal doctrine holds an employer responsible for the negligent acts of an employee committed within the scope of employment?

Accepted Answer

Vicarious liability

Answer

Vicarious liability (respondeat superior) makes an employer legally responsible for torts committed by employees acting within the course of their employment.

Question 2

A driver rear-ends another vehicle while texting. The injured party was not wearing a seatbelt, increasing their injuries. Under pure comparative fault, how is the non-seatbelt factor treated?

Accepted Answer

It reduces the plaintiff's damages proportionally

Answer

Under pure comparative fault, each party's negligence is assigned a percentage, and the plaintiff's award is reduced by their share of fault, including failure to wear a seatbelt.

Question 3

What does 'proximate cause' require in a negligence claim?

Accepted Answer

That the harm was a foreseeable result of the defendant's conduct

Answer

Proximate cause requires that the plaintiff's injury was a reasonably foreseeable consequence of the defendant's negligent act.

Question 4

An adjuster is evaluating a claim where the at-fault driver was operating a company vehicle on a personal errand. Which doctrine most limits the employer's liability?

Accepted Answer

Frolic and detour doctrine

Answer

The frolic and detour doctrine limits or eliminates employer liability when an employee deviates from work duties for personal purposes.

Question 5

In states applying the 'modified comparative fault – 51% bar rule,' a plaintiff who is found 55% at fault for an accident will:

Accepted Answer

Recover nothing

Answer

Under the 51% bar rule, a plaintiff who is more than 50% at fault is completely barred from recovering any damages.

(CAIA) Certified Automotive Insurance Adjuster Practice Test

(CAIA) Certified Automotive Insurance Adjuster Practice Test

CAIA Liability and Negligence Principles 2