OH Bar Torts and Negligence 2

Question 1

Under Ohio's comparative negligence statute, a plaintiff found 51% at fault for her own injuries will recover what portion of her damages?

Accepted Answer

Nothing, because her fault exceeds 50%

Answer

Ohio follows modified comparative negligence with a 51% bar, so a plaintiff more than 50% at fault recovers nothing.

Question 2

A landowner in Ohio owes a licensee (a social guest) which duty of care?

Accepted Answer

To warn of or make safe known hidden dangers

Answer

Ohio retains the common-law categories, and a licensee is owed a warning of known latent dangers but no duty of inspection.

Question 3

A dog bites a delivery driver in Ohio. Under R.C. 955.28, the owner's liability is best described as:

Accepted Answer

Strict liability regardless of the dog's prior behavior

Answer

Ohio's dog-bite statute imposes strict liability on owners without requiring prior knowledge of viciousness (no 'one free bite' rule).

Question 4

In an Ohio negligence action, the statute of limitations for bodily injury generally requires filing within:

Accepted Answer

Two years from when the cause of action accrues

Answer

R.C. 2305.10 sets a two-year limitations period for bodily injury claims in Ohio.

Question 5

A defendant negligently blocks a road, and the plaintiff is injured when a drunk driver swerves around the blockage and hits him. The drunk driver's act is best analyzed as:

Accepted Answer

A foreseeable intervening cause that does not cut off liability

Answer

Negligent or even criminal third-party conduct does not supersede the original tortfeasor's liability if it was a foreseeable result of the negligence.

(OH Bar) Ohio Bar Exam Practice Test

(OH Bar) Ohio Bar Exam Practice Test

OH Bar Torts and Negligence 2