Injury Lawyer Negligence & Liability 2

Question 1

What is 'negligence per se'?

Accepted Answer

Negligence established by violation of a statute designed to protect against the type of harm suffered

Answer

Negligence per se occurs when a defendant violates a statute intended to protect the class of persons and type of harm involved, establishing breach automatically.

Question 2

Under the 'eggshell skull' rule, a defendant is liable for:

Accepted Answer

The plaintiff's pre-existing conditions that worsen the injury

Answer

The eggshell skull rule requires defendants to take plaintiffs as they find them, meaning they are liable for full extent of harm even if the plaintiff had unusual vulnerabilities.

Question 3

What is 'proximate cause' in a negligence action?

Accepted Answer

The legal cause linking defendant's conduct to plaintiff's harm without unforeseeable intervening factors

Answer

Proximate cause limits liability to harms that are a foreseeable result of the defendant's negligence, excluding unforeseeable intervening causes.

Question 4

Which doctrine bars recovery entirely when the plaintiff is found to have any degree of fault?

Accepted Answer

Contributory negligence

Answer

Contributory negligence, still used in a few states, completely bars plaintiff recovery if they contributed even 1% to their own injury.

Question 5

A 'superseding cause' in negligence law:

Accepted Answer

Breaks the chain of causation and relieves the defendant of liability

Answer

A superseding cause is an unforeseeable intervening act that breaks the causal chain, relieving the original negligent defendant of liability.

Injury Lawyer Practice Test

Injury Lawyer Practice Test

Injury Lawyer Negligence & Liability 2