CAS Bar Torts and Negligence 1 — Questions and Answers
Question 1: Under California's pure comparative fault system, how are damages calculated?
- The plaintiff's recovery is reduced by their percentage of fault, even if above 50% (Correct answer)
- The plaintiff cannot recover if they are more than 50% at fault
- Fault percentages do not affect damage awards
- Only the defendant's fault is considered
Correct 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%.
Question 2: What is the attractive nuisance doctrine in California?
- Landowners owe a higher duty of care for dangerous conditions likely to attract children (Correct answer)
- Children cannot trespass on private property
- Landowners have no liability for any trespasser injuries
- The doctrine only applies to swimming pools
Correct 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.
Question 3: What is the statute of limitations for medical malpractice in California?
- One year from discovery or three years from the date of injury, whichever comes first (Correct answer)
- Two years from the date of injury
- Five years from the date of injury
- No time limit exists
Correct 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.
Question 4: What damages are available under California's wrongful death statute?
- Loss of financial support, loss of companionship, and funeral expenses (Correct answer)
- Only lost wages of the deceased
- Punitive damages are always available
- Only medical expenses incurred before death
Correct 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.
Question 5: What is premises liability under California Civil Code Section 1714?
- Property owners are liable for injuries caused by their failure to maintain safe conditions (Correct answer)
- Property owners are only liable for intentional harm to visitors
- Liability applies only to commercial properties
- Tenants cannot sue landlords for dangerous conditions
Correct 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.
Question 6: What is the doctrine of respondeat superior under California law?
- Employers are vicariously liable for employees' torts committed within the scope of employment (Correct answer)
- Employers are liable only for their own negligence
- Vicarious liability only applies in criminal cases
- Independent contractors create the same liability as employees
Correct 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.
CAS Bar Torts and Negligence 1
Under California's pure comparative fault system, how are damages calculated?