Injury Lawyer Negligence & Liability 1 — Questions and Answers
Question 1: What are the four elements a plaintiff must prove in a negligence claim?
- Duty, breach, causation, damages (Correct answer)
- Intent, motive, harm, damages
- Fault, injury, pain, suffering
- Liability, breach, intent, loss
Correct answer: Duty, breach, causation, damages
To succeed in negligence, a plaintiff must establish duty of care, breach of that duty, causation, and actual damages.
Question 2: Which doctrine holds an employer liable for the negligent acts of an employee committed within the scope of employment?
- Contributory negligence
- Respondeat superior (Correct answer)
- Assumption of risk
- Comparative fault
Correct answer: Respondeat superior
Respondeat superior is the doctrine that makes employers vicariously liable for employees' negligent acts performed during employment.
Question 3: Under comparative fault, if a plaintiff is found 30% at fault, what happens to their recovery?
- They recover nothing
- Their damages are reduced by 30% (Correct answer)
- Their damages are increased by 30%
- The defendant pays full damages
Correct answer: Their damages are reduced by 30%
Under comparative fault, the plaintiff's award is reduced in proportion to their percentage of fault.
Question 4: What is 'res ipsa loquitur' in negligence law?
- A defense based on assumption of risk
- A doctrine allowing negligence to be inferred from the nature of the accident (Correct answer)
- A rule barring recovery for emotional distress
- A statute of limitations defense
Correct answer: A doctrine allowing negligence to be inferred from the nature of the accident
Res ipsa loquitur allows a jury to infer negligence when the accident is of a type that ordinarily does not occur without negligence.
Question 5: Which standard of care applies to a professional such as a doctor or engineer in a negligence case?
- The reasonable child standard
- The reasonable person standard
- The standard of a reasonably competent professional in that field (Correct answer)
- The gross negligence standard
Correct answer: The standard of a reasonably competent professional in that field
Professionals are held to the standard of a reasonably competent member of their profession, not merely a reasonable layperson.
Question 6: What is the 'but-for' test used to establish in negligence?
- Damages
- Actual causation (Correct answer)
- Breach of duty
- Duty of care
Correct answer: Actual causation
The but-for test determines actual causation: the injury would not have occurred but for the defendant's negligent conduct.
Injury Lawyer Negligence & Liability 1
What are the four elements a plaintiff must prove in a negligence claim?