CO Bar Torts and Negligence 2

Question 1

A landowner in Colorado leaves an unfenced, water-filled excavation pit on property adjacent to an elementary school. A 7-year-old trespasses and drowns. Under the attractive nuisance doctrine, the landowner is most likely liable if:

Accepted Answer

The landowner knew children were likely to trespass and the child could not appreciate the risk

Answer

Attractive nuisance liability requires that the landowner knew or should have known children were likely to trespass and that the children, due to their youth, could not appreciate the danger.

Question 2

A plaintiff sues a defendant for negligence in Colorado. The jury finds the plaintiff 50% at fault and the defendant 50% at fault. Under Colorado's modified comparative negligence statute, the plaintiff recovers:

Accepted Answer

Nothing, because the plaintiff's fault is not less than the defendant's

Answer

Colorado follows a modified comparative negligence rule barring recovery when the plaintiff's fault is 50% or greater, so equal fault means no recovery.

Question 3

A surgeon operates on the wrong knee of an anesthetized patient. The patient cannot identify which member of the surgical team caused the error. Which doctrine most helps the patient establish negligence?

Accepted Answer

Res ipsa loquitur

Answer

Res ipsa loquitur allows an inference of negligence when the injury would not ordinarily occur without negligence and the instrumentality was in the defendants' exclusive control.

Question 4

A driver violates a Colorado statute requiring headlights after dusk and collides with a pedestrian. The pedestrian invokes negligence per se. What is the effect of the statutory violation in most jurisdictions applying this doctrine?

Accepted Answer

It conclusively establishes duty and breach if the statute was designed to protect this class of persons from this type of harm

Answer

Negligence per se establishes duty and breach when the plaintiff is in the protected class and suffers the type of harm the statute was designed to prevent, but causation and damages must still be proven.

Question 5

A defendant negligently starts a small fire. Firefighter Smith is injured battling the blaze and sues the defendant for negligence. Under the traditional 'firefighter's rule,' Smith will most likely:

Accepted Answer

Be barred from recovery because professional rescuers assume risks inherent to their job

Answer

The firefighter's rule generally bars professional rescuers from recovering for injuries caused by the very negligence that occasioned their professional response.

(CO Bar) Colorado Bar Exam Practice Test

(CO Bar) Colorado Bar Exam Practice Test

CO Bar Torts and Negligence 2