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 Michigan premises liability plaintiff must show the possessor knew or should have known of the dangerous condition through actual or constructive notice.

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

Michigan has held that common carriers owe ordinary reasonable care under the circumstances rather than an elevated 'highest degree of care.'

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

Michigan's dramshop act applies to licensed retailers, and courts have declined to impose common-law liability on social hosts who serve alcohol to adults.

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

MCL 436.1801 imposes liability on retail licensees for unlawful sales to minors or visibly intoxicated persons that cause injury to third parties.

Question 5

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

Accepted Answer

The personal representative of the decedent's estate

Answer

Under MCL 600.2922, wrongful death actions must be brought by the personal representative of the deceased's estate for the benefit of eligible survivors.

(MI Bar) Michigan Bar Exam Practice Test

(MI Bar) Michigan Bar Exam Practice Test

MI Bar Torts and Negligence 4