FYLSX Torts: Negligence and Causation 4

Question 1

A defendant is sued for negligence. The plaintiff's expert testifies that the defendant's act was a cause-in-fact of harm. The defendant's expert disagrees. The jury finds for the plaintiff. On appeal, which standard of proof applies to causation?

Accepted Answer

Preponderance of the evidence

Answer

In civil negligence cases, all elements including causation must be proven by a preponderance of the evidence — more likely true than not.

Question 2

A defendant hospital discharges a patient prematurely. The patient collapses at home and dies. The patient's family argues this death would not have occurred with proper hospital care. What causation test applies first?

Accepted Answer

But-for causation — would the patient have survived with proper care?

Answer

The threshold causation test in negligence is but-for causation: would the harm have occurred but for the defendant's breach?

Question 3

A property owner fails to fix a broken step on a stairway open to the public. A business visitor trips and breaks her wrist. The visitor sues. Which standard of care applies to the property owner?

Accepted Answer

Reasonable care to inspect and repair known and discoverable dangerous conditions

Answer

An invitee (business visitor) is owed the highest duty — the owner must inspect for and remedy dangerous conditions that are known or should be discovered.

Question 4

A drunk driver causes an accident injuring a plaintiff. The plaintiff's doctor negligently treats the injury, worsening the outcome. Is the drunk driver liable for the doctor's malpractice?

Accepted Answer

Yes, because negligent medical treatment of an original injury is a foreseeable intervening cause

Answer

Negligent medical treatment is a foreseeable consequence of causing injury; therefore it is a dependent intervening cause that does not break the chain of proximate causation.

Question 5

A chemical plant emits pollutants in violation of an environmental statute. A nearby farmer's crops are destroyed. The farmer sues in negligence using negligence per se. For the statute to establish the standard of care, what must be true?

Accepted Answer

The harm must be of the type the statute was designed to prevent, and the plaintiff must be in the protected class

Answer

Negligence per se requires that the statute was designed to prevent the type of harm that occurred and that the plaintiff belongs to the class the statute intended to protect.

(FYLSX) Baby Bar Exam Practice Test

(FYLSX) Baby Bar Exam Practice Test

FYLSX Torts: Negligence and Causation 4