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Torts and Negligence Flashcards

7 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 7 Torts and Negligence flashcards as text

  1. Under Oklahoma's modified comparative negligence rule, a plaintiff is barred from recovery when their own fault is:

    Answer: Greater than 50% of the combined negligence

    Oklahoma bars recovery when the plaintiff's negligence exceeds 50% of the combined negligence of all parties.

  2. A landowner in Oklahoma keeps a vicious dog that has previously bitten two people. The dog escapes and bites a pedestrian on a public sidewalk. What is the owner's most likely liability theory?

    Answer: Strict liability based on known dangerous propensities

    An owner who knows of an animal's dangerous propensities is strictly liable for injuries it causes.

  3. A defendant negligently causes a car accident, and the plaintiff's injuries are worsened by a doctor's ordinary malpractice during treatment. Is the original defendant liable for the aggravated injuries?

    Answer: Yes, because ordinary medical malpractice is a foreseeable intervening cause

    Ordinary medical negligence in treating a tortiously caused injury is foreseeable and does not break the causal chain.

  4. In Oklahoma, a store owner's duty to an invitee who slips on a spilled liquid requires the plaintiff to prove:

    Answer: The owner had actual or constructive notice of the hazard and failed to remedy it

    Premises liability to invitees requires proof the owner knew or should have known of the dangerous condition.

  5. Which element distinguishes false imprisonment from other intentional torts?

    Answer: Confinement of the plaintiff within a bounded area with no reasonable means of escape

    False imprisonment requires intentional confinement within fixed boundaries with no reasonable escape known to the plaintiff.

  6. A blasting company uses dynamite near a residential area in Oklahoma and debris damages a nearby home despite all precautions. The company is:

    Answer: Strictly liable because blasting is an abnormally dangerous activity

    Abnormally dangerous activities like blasting impose strict liability regardless of the care exercised.

  7. Under Oklahoma law, the statute of limitations for most negligence-based personal injury actions is:

    Answer: Two years from the date the cause of action accrues

    Oklahoma applies a two-year statute of limitations to most personal injury negligence claims under 12 O.S. § 95.