Injury Lawyer Negligence & Liability 1

Question 1

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

Accepted Answer

Duty, breach, causation, damages

Answer

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?

Accepted Answer

Respondeat superior

Answer

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?

Accepted Answer

Their damages are reduced by 30%

Answer

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?

Accepted Answer

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

Answer

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?

Accepted Answer

The standard of a reasonably competent professional in that field

Answer

Professionals are held to the standard of a reasonably competent member of their profession, not merely a reasonable layperson.

Injury Lawyer Practice Test