Torts and Personal Injury Flashcards

What are the four elements required to prove negligence?

Answer: Duty, breach, causation, and damages

The plaintiff must prove duty of care, breach of that duty, causation, and actual damages.

What is the difference between comparative negligence and contributory negligence?

Answer: Comparative reduces damages proportionally while contributory completely bars recovery if the plaintiff was at all negligent

Comparative negligence reduces recovery proportionally; contributory negligence completely bars recovery for any plaintiff negligence.

What is strict liability in tort law?

Answer: Liability imposed without fault for abnormally dangerous activities or defective products

Strict liability holds defendants liable regardless of fault, applied to ultrahazardous activities, defective products, and wild animals.

What is the statute of limitations in a personal injury case?

Answer: A deadline by which a plaintiff must file their lawsuit or lose the right to sue

The statute of limitations is a time limit within which a plaintiff must file, typically 2-3 years from injury.

What is vicarious liability in tort law?

Answer: Responsibility imposed on one party for another's wrongful acts, such as employer for employee negligence

Vicarious liability holds one party responsible for another's torts based on their relationship, commonly under respondeat superior.

What types of damages are available in personal injury cases?

Answer: Compensatory damages (economic and non-economic) and sometimes punitive damages

Plaintiffs may recover compensatory damages (medical bills, lost wages, pain and suffering) and sometimes punitive damages for egregious conduct.