Torts and Negligence Flashcards

Under California's pure comparative fault system, how are damages calculated?

Answer: The plaintiff's recovery is reduced by their percentage of fault, even if above 50%

California follows pure comparative negligence, meaning the plaintiff's damages are reduced by their percentage of fault regardless of how high it is — even at 99% fault, they can recover 1%.

What is the attractive nuisance doctrine in California?

Answer: Landowners owe a higher duty of care for dangerous conditions likely to attract children

The attractive nuisance doctrine holds landowners to a higher standard of care when they maintain dangerous conditions that are likely to attract children who may not appreciate the risk.

What is the statute of limitations for medical malpractice in California?

Answer: One year from discovery or three years from the date of injury, whichever comes first

Under MICRA (Medical Injury Compensation Reform Act), California limits medical malpractice claims to one year from when the plaintiff discovered or should have discovered the injury, or three years from the date of injury.

What damages are available under California's wrongful death statute?

Answer: Loss of financial support, loss of companionship, and funeral expenses

California's wrongful death statute allows recovery for loss of the decedent's financial support, loss of love and companionship, and funeral and burial expenses.

What is premises liability under California Civil Code Section 1714?

Answer: Property owners are liable for injuries caused by their failure to maintain safe conditions

Section 1714 establishes that everyone is responsible for injuries caused by their want of ordinary care in managing their property, applying to all types of property and entrants.

What is the doctrine of respondeat superior under California law?

Answer: Employers are vicariously liable for employees' torts committed within the scope of employment

Under respondeat superior, California employers are vicariously liable for tortious acts of employees committed within the scope of employment, but generally not for independent contractors.