Torts and Negligence Flashcards
7 cards from real KY BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Torts and Negligence flashcards as text
A defendant negligently starts a fire, and a rescuer is injured while pulling a victim from the burning building. Regarding the rescuer's claim, the defendant is:
Answer: Liable, because danger invites rescue and rescuers are foreseeable plaintiffs
Under the rescue doctrine, a tortfeasor is liable to rescuers injured in a reasonable rescue attempt because danger invites rescue.
A plaintiff proves a defendant driver was texting, but the plaintiff's injury was caused when a bridge independently collapsed onto her stopped car. The negligence claim against the driver fails for lack of:
Answer: Causation
Even with duty and breach established, the driver's texting was not the cause-in-fact or proximate cause of an injury produced by the independent bridge collapse.
In Kentucky, a claim for loss of parental consortium may be brought by:
Answer: A minor child for the wrongful death of a parent
In Giuliani v. Guiler, Kentucky recognized a minor child's claim for loss of parental consortium arising from a parent's wrongful death.
A trespassing 8-year-old is injured by an unfenced, motor-driven auger on the defendant's farm. The child's best theory against the landowner is:
Answer: The attractive nuisance doctrine for artificial conditions dangerous to children
Under the attractive nuisance doctrine, a landowner may be liable for injuries to child trespassers from artificial conditions that pose foreseeable, unappreciated risks to children.
A plaintiff injured in a Kentucky car accident has $8,000 in medical bills and sustained no permanent injury, broken bone, or death. Under the Motor Vehicle Reparations Act, she may sue in tort:
Answer: Yes, because her medical expenses exceed the $1,000 threshold
Kentucky's no-fault MVRA abolishes tort liability for auto injuries unless a threshold is met, including over $1,000 in medical expenses, permanent injury, fracture, or death.
A patient dies during surgery, and the estate sues for both wrongful death and the decedent's pre-death pain and suffering. In Kentucky, the pain and suffering claim is:
Answer: A survival action that belongs to the decedent's estate
Under KRS 411.140, personal injury claims survive the injured person's death and are pursued by the estate separately from the wrongful death claim under KRS 411.130.
A defendant leaves keys in an unlocked bulldozer at a construction site in a high-crime area; a thief steals it and injures a pedestrian. The thief's conduct is best characterized as:
Answer: A foreseeable intervening cause that does not cut off the defendant's liability
Criminal acts that are foreseeable consequences of the defendant's negligence are intervening but not superseding causes, so liability can attach.
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