IN Bar Torts and Negligence 5

Question 1

A rescuer is injured while pulling a driver from a burning car caused by the driver's own negligence. The rescuer's negligence claim against the driver is supported by:

Accepted Answer

The rescue doctrine, because danger invites rescue and rescuers are foreseeable plaintiffs

Answer

Under the rescue doctrine, one who negligently imperils himself or others owes a duty to foreseeable rescuers injured in the attempt.

Question 2

Under the Indiana Tort Claims Act, a person suing a political subdivision for personal injury must file a notice of tort claim within:

Accepted Answer

180 days after the loss occurs

Answer

The Indiana Tort Claims Act requires notice to a political subdivision within 180 days of the loss (270 days for claims against the state).

Question 3

A patient dies of a condition a doctor negligently failed to diagnose, but the patient already had less than a 50% chance of survival. In Indiana, the estate may still recover under:

Accepted Answer

A lost chance theory, with damages proportioned to the reduced chance of survival

Answer

Indiana recognizes loss-of-chance in medical malpractice, allowing proportional recovery for the diminished probability of a better outcome.

Question 4

Two hunters negligently fire simultaneously and one pellet hits the plaintiff, but he cannot prove whose gun fired it. Under the alternative liability doctrine, the burden of proof on causation:

Accepted Answer

Shifts to each negligent defendant to prove his shot did not cause the harm

Answer

Summers v. Tice shifts the causation burden to multiple negligent defendants when the plaintiff cannot identify which one caused the harm.

Question 5

A skydiving customer signs a clear, conspicuous waiver releasing the company from liability for its own negligence. In Indiana, such an exculpatory clause is generally:

Accepted Answer

Enforceable if knowingly and willingly signed, unless it violates public policy or covers reckless conduct

Answer

Indiana enforces clear exculpatory agreements for negligence absent a public policy violation, but not for willful or wanton misconduct.

(IN Bar) Indiana Bar Exam Practice Test

(IN Bar) Indiana Bar Exam Practice Test

IN Bar Torts and Negligence 5