MI Bar Torts and Negligence 4

Question 1

A store customer in Michigan slips on a puddle. To prevail, the customer must show the store had what regarding the hazard?

Accepted Answer

Actual or constructive notice of the condition

Answer

A written safety policy

Answer

Prior similar accidents

Answer

An intent to harm customers

Question 2

Under Michigan law, what is the standard of care owed by a common carrier to its passengers?

Accepted Answer

Reasonable care under the circumstances

Answer

Strict liability for all injuries

Answer

Only a duty to avoid gross negligence

Answer

The same duty owed to trespassers

Question 3

In Michigan, a social host who serves alcohol to a visibly intoxicated adult guest who then injures a third party is generally liable under what rule?

Accepted Answer

Not liable, because social host liability for adults is not recognized

Answer

Strictly liable under the dramshop act

Answer

Liable for ordinary negligence

Answer

Liable only if the guest was a repeat offender

Question 4

Michigan's dramshop act allows an injured third party to sue a liquor licensee that unlawfully sold alcohol to which persons?

Accepted Answer

A visibly intoxicated person or a minor

Answer

Any person who later drove a car

Answer

Only persons with prior DUI convictions

Answer

Any patron who consumed more than three drinks

Question 5

In a Michigan wrongful death action, who must bring the lawsuit?

Accepted Answer

The personal representative of the decedent's estate

Answer

Any surviving family member individually

Answer

The county prosecutor

Answer

The decedent's employer

Question 6

Under Michigan law, noneconomic damages in medical malpractice actions are subject to what limitation?

Accepted Answer

A statutory cap adjusted annually for inflation, with a higher cap for specified catastrophic injuries

Answer

No limitation of any kind

Answer

A flat $100,000 cap in all cases

Answer

A cap applicable only to hospitals

Question 7

A trespassing child is injured by an artificial condition on Michigan land. Under the attractive nuisance doctrine, the landowner may be liable if which is true?

Accepted Answer

The owner knew children were likely to trespass and the condition posed an unreasonable risk children could not appreciate

Answer

The child was invited onto the property

Answer

Any child was injured, regardless of foreseeability

Answer

The condition was natural rather than artificial