IN Bar Torts and Negligence 2

Question 1

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:

Accepted Answer

Greater than 50% of the total fault

Answer

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.

Question 2

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?

Accepted Answer

Contributory negligence, barring recovery for any plaintiff fault

Answer

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

Question 3

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?

Accepted Answer

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

Answer

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

Question 4

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:

Accepted Answer

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

Answer

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

Question 5

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

Accepted Answer

Present the proposed complaint to a medical review panel

Answer

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

(IN Bar) Indiana Bar Exam Practice Test

(IN Bar) Indiana Bar Exam Practice Test

IN Bar Torts and Negligence 2