Torts and Negligence Flashcards
6 cards from real OK BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Torts and Negligence flashcards as text
In Oklahoma, what standard applies when determining if a defendant breached their duty of care?
Answer: The reasonable person standard — what a prudent person would do under similar circumstances
The reasonable person standard is an objective test measuring the defendant's conduct against what a hypothetical prudent person would do in the same situation.
What is the doctrine of res ipsa loquitur?
Answer: An inference of negligence when the accident would not normally occur without it and the defendant had control
Res ipsa loquitur allows an inference of negligence when the accident type normally requires negligence and the instrumentality was under the defendant's exclusive control.
What damages are recoverable in a negligence action?
Answer: Compensatory damages including economic losses, pain and suffering, and sometimes punitive damages
Negligence plaintiffs may recover compensatory damages (economic and non-economic) and, in cases of egregious conduct, punitive damages to punish and deter.
What is assumption of risk as a defense to negligence?
Answer: The plaintiff knowingly and voluntarily encountered a known risk, potentially barring recovery
Assumption of risk applies when the plaintiff was aware of a specific danger and voluntarily chose to encounter it, which may reduce or eliminate the defendant's liability.
What is negligence per se?
Answer: Negligence established by the violation of a statute designed to protect the class of persons including the plaintiff
Negligence per se occurs when a defendant violates a safety statute and the plaintiff is within the class of persons the statute was meant to protect from the type of harm suffered.
What is joint and several liability?
Answer: Each defendant can be held liable for the entire amount of damages regardless of their individual fault percentage
Under joint and several liability, each defendant is independently responsible for the full amount of damages, allowing the plaintiff to collect the entire judgment from any one defendant.