CP Torts & Personal Injury Flashcards
6 cards from real CP practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 CP Torts & Personal Injury flashcards as text
California's 'premises liability' doctrine holds landowners responsible for injuries based primarily on:
Answer: A general reasonable-care standard applicable to all entrants under Rowland v. Christian (1968)
In Rowland v. Christian (1968), the California Supreme Court abolished the traditional invitee/licensee/trespasser categories and imposed a general duty of reasonable care on landowners toward all entrants.
The 'eggshell plaintiff' (thin skull) rule in California tort law means that a defendant:
Answer: Is liable for the full extent of a plaintiff's injury, even if the plaintiff had a pre-existing vulnerability that made the harm worse
The eggshell plaintiff rule holds a defendant liable for the full extent of harm caused, even if the plaintiff had a pre-existing condition that made the injuries unusually severe.
In a California wrongful death action under Code of Civil Procedure § 377.60, who has standing to bring the claim?
Answer: The decedent's surviving spouse, children, and other persons who would inherit under California intestate succession
CCP § 377.60 grants wrongful death standing to the surviving spouse, domestic partner, children, and others who would take under intestate succession.
Which California statute provides the primary remedy for plaintiffs injured by defective consumer products through a strict liability theory?
Answer: Greenman v. Yuba Power Products established the common law rule; no specific statute
California products liability strict liability is based on common law established in Greenman v. Yuba Power Products (1963) and further developed in Barker v. Lull Engineering (1978), not a specific statute.
A California paralegal preparing a personal injury demand letter should include which key document to support the damages claim?
Answer: Medical records, medical bills, lost wage documentation, and a summary of damages
An effective demand letter must be supported by medical records, bills, lost wage evidence, and a comprehensive damages summary to substantiate the claimed amounts.
California's comparative fault principles also apply to cases involving:
Answer: Strict products liability cases, reducing plaintiff's recovery by their percentage of fault
California courts apply comparative fault principles to strict products liability cases (Daly v. General Motors Corp.), reducing recovery by the plaintiff's percentage of fault.