Injury Lawyer Negligence & Liability

Question 1

What are the four elements a plaintiff must prove in a negligence claim?

Accepted Answer

Duty, breach, causation, damages

Answer

Intent, motive, harm, damages

Answer

Fault, injury, pain, suffering

Answer

Liability, breach, intent, loss

Question 2

Which doctrine holds an employer liable for the negligent acts of an employee committed within the scope of employment?

Accepted Answer

Respondeat superior

Answer

Contributory negligence

Answer

Assumption of risk

Answer

Comparative fault

Question 3

Under comparative fault, if a plaintiff is found 30% at fault, what happens to their recovery?

Accepted Answer

Their damages are reduced by 30%

Answer

They recover nothing

Answer

Their damages are increased by 30%

Answer

The defendant pays full damages

Question 4

What is 'res ipsa loquitur' in negligence law?

Accepted Answer

A doctrine allowing negligence to be inferred from the nature of the accident

Answer

A defense based on assumption of risk

Answer

A rule barring recovery for emotional distress

Answer

A statute of limitations defense

Question 5

Which standard of care applies to a professional such as a doctor or engineer in a negligence case?

Accepted Answer

The standard of a reasonably competent professional in that field

Answer

The reasonable child standard

Answer

The reasonable person standard

Answer

The gross negligence standard

Question 6

What is the 'but-for' test used to establish in negligence?

Accepted Answer

Actual causation

Answer

Damages

Answer

Breach of duty

Answer

Duty of care