Torts and Negligence Flashcards

Under Indiana's Comparative Fault Act, a plaintiff is barred from recovery in a negligence action against a non-governmental defendant when the plaintiff's fault is:

Answer: Greater than 50% of the total fault

Indiana's modified comparative fault system bars recovery only when the plaintiff's fault exceeds 50%, so a plaintiff at exactly 50% may still recover.

A plaintiff sues an Indiana city for negligence after tripping on a broken sidewalk. Which fault rule applies to the claim against the governmental entity?

Answer: Contributory negligence, barring recovery for any plaintiff fault

Indiana's Comparative Fault Act excludes governmental entities, so common-law contributory negligence still applies and any plaintiff fault bars recovery.

A surgeon leaves a sponge inside a patient during an operation. The patient wants to rely on res ipsa loquitur. Which element is essential to invoke the doctrine?

Answer: The injury is of a kind that ordinarily does not occur without negligence

Res ipsa loquitur requires an injury that ordinarily does not occur absent negligence and an instrumentality under the defendant's exclusive control.

A landowner in Indiana keeps a vicious dog that has previously bitten two people. The dog escapes and bites a jogger. The owner's best-known theory of liability is:

Answer: Common-law strict liability based on the owner's knowledge of the animal's dangerous propensities

An owner who knows of a domestic animal's dangerous propensities is strictly liable for injuries the animal causes.

Under the Indiana Medical Malpractice Act, before filing most malpractice suits in court, a plaintiff generally must first:

Answer: Present the proposed complaint to a medical review panel

The Act requires most claims to be submitted to a medical review panel, which issues an opinion before the case proceeds in court.

A driver negligently strikes a pedestrian, who suffers a broken leg. Because the pedestrian has brittle bone disease, the fracture is far worse than normal. The driver is liable for:

Answer: The full extent of the pedestrian's injuries, even if unforeseeable in severity

Under the eggshell plaintiff rule, a tortfeasor takes the victim as found and is liable for the full extent of the harm.

A store customer slips on a grape that had been on the floor for several hours. To hold the Indiana store liable for premises liability, the customer as an invitee must generally show the store:

Answer: Had actual or constructive knowledge of the hazard and failed to exercise reasonable care

A landowner owes invitees reasonable care, which requires actual or constructive knowledge of the dangerous condition, but is not an insurer of safety.