CAS Bar Torts and Negligence

Question 1

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

Accepted Answer

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

Answer

The plaintiff cannot recover if they are more than 50% at fault

Answer

Fault percentages do not affect damage awards

Answer

Only the defendant's fault is considered

Question 2

What is the attractive nuisance doctrine in California?

Accepted Answer

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

Answer

Children cannot trespass on private property

Answer

Landowners have no liability for any trespasser injuries

Answer

The doctrine only applies to swimming pools

Question 3

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

Accepted Answer

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

Answer

Two years from the date of injury

Answer

Five years from the date of injury

Answer

No time limit exists

Question 4

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

Accepted Answer

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

Answer

Only lost wages of the deceased

Answer

Punitive damages are always available

Answer

Only medical expenses incurred before death

Question 5

What is premises liability under California Civil Code Section 1714?

Accepted Answer

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

Answer

Property owners are only liable for intentional harm to visitors

Answer

Liability applies only to commercial properties

Answer

Tenants cannot sue landlords for dangerous conditions

Question 6

What is the doctrine of respondeat superior under California law?

Accepted Answer

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

Answer

Employers are liable only for their own negligence

Answer

Vicarious liability only applies in criminal cases

Answer

Independent contractors create the same liability as employees