Injury Lawyer Personal Injury Law Knowledge 2 — Questions and Answers
Question 1: Under comparative negligence rules, what happens to a plaintiff's damages if they are found 30% at fault?
- Damages are reduced by 30% (Correct answer)
- Damages are barred entirely
- Damages are doubled
- Damages are unaffected
Correct answer: Damages are reduced by 30%
Under comparative negligence, a plaintiff's recovery is reduced in proportion to their share of fault.
Question 2: What is the term for the legal obligation one party owes to another to act with reasonable care?
- Duty of care (Correct answer)
- Strict liability
- Vicarious liability
- Res ipsa loquitur
Correct answer: Duty of care
Duty of care is the legal obligation requiring a person to act with reasonable care toward others.
Question 3: In a 'pure contributory negligence' jurisdiction, a plaintiff who is 1% at fault will typically recover what?
- Nothing (Correct answer)
- 99% of damages
- Full damages
- Half of damages
Correct answer: Nothing
Pure contributory negligence bars any recovery if the plaintiff bears even slight fault.
Question 4: What legal doctrine allows an inference of negligence when an accident would not normally occur without negligence?
- Res ipsa loquitur (Correct answer)
- Stare decisis
- Quantum meruit
- Habeas corpus
Correct answer: Res ipsa loquitur
Res ipsa loquitur lets negligence be inferred from the nature of the accident itself.
Question 5: Which type of damages is intended to punish a defendant for especially egregious conduct?
- Punitive damages (Correct answer)
- Compensatory damages
- Nominal damages
- Special damages
Correct answer: Punitive damages
Punitive damages punish and deter willful, malicious, or reckless conduct.
Question 6: The 'eggshell skull' rule holds a defendant liable for what?
- The full extent of injuries even if the victim was unusually fragile (Correct answer)
- Only foreseeable injuries
- Half of the victim's medical costs
- Nothing if a pre-existing condition existed
Correct answer: The full extent of injuries even if the victim was unusually fragile
Under the eggshell skull rule, defendants take their victims as they find them and are liable for all resulting harm.
Question 7: What is the primary purpose of compensatory damages in a personal injury case?
- To make the injured party whole (Correct answer)
- To punish the wrongdoer
- To enrich the plaintiff
- To deter future lawsuits
Correct answer: To make the injured party whole
Compensatory damages aim to restore the injured party to their pre-injury position.
Injury Lawyer Personal Injury Law Knowledge 2
Under comparative negligence rules, what happens to a plaintiff's damages if they are found 30% at fault?