DE Bar Torts and Negligence 4

Question 1

A dog with no history of aggression bites a visitor in Delaware. Under 16 Del. C. § 3053F, the owner is:

Accepted Answer

Strictly liable unless the victim was trespassing, committing a crime, or provoking the dog

Answer

Liable only if the owner knew of vicious propensities

Answer

Liable only for negligence in restraining the dog

Answer

Immune from liability for a first bite

Question 2

Which activity most clearly triggers strict liability for abnormally dangerous activities?

Accepted Answer

Commercial blasting with dynamite near homes

Answer

Driving a fully loaded tractor-trailer

Answer

Operating a gas station

Answer

Mowing a highway median

Question 3

A bystander witnesses a close relative's injury caused by negligence. Under the zone-of-danger approach to NIED, the bystander must show:

Accepted Answer

They were themselves at risk of physical impact and feared for their safety

Answer

Only that they observed the accident from any location

Answer

A contractual relationship with the defendant

Answer

The relative died from the injuries

Question 4

In a res ipsa loquitur case, the plaintiff must generally show the injury-causing instrumentality was:

Accepted Answer

Within the defendant's exclusive control

Answer

Inspected by a government agency

Answer

Owned jointly by both parties

Answer

Defectively designed

Question 5

A surgeon operates on the wrong knee after the patient consented only to surgery on the left knee. The strongest intentional tort claim is:

Accepted Answer

Battery

Answer

Negligence only

Answer

IIED

Answer

False imprisonment

Question 6

Delaware follows joint and several liability for joint tortfeasors. A defendant who pays more than its proportionate share may seek what from co-defendants?

Accepted Answer

Contribution

Answer

Indemnity as of right

Answer

Subrogation against the plaintiff

Answer

Restitution from the court

Question 7

Which plaintiff conduct supports an express assumption of risk defense?

Accepted Answer

Signing a valid liability waiver before skydiving

Answer

Crossing the street carelessly

Answer

Failing to wear a seatbelt

Answer

Ignoring a doctor's advice after injury