OK Bar Torts and Negligence 2

Question 1

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

Accepted Answer

Greater than 50% of the combined negligence

Answer

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

Question 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?

Accepted Answer

Strict liability based on known dangerous propensities

Answer

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

Question 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?

Accepted Answer

Yes, because ordinary medical malpractice is a foreseeable intervening cause

Answer

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

Question 4

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

Accepted Answer

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

Answer

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

Question 5

Which element distinguishes false imprisonment from other intentional torts?

Accepted Answer

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

Answer

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

(OK Bar) Oklahoma Bar Exam Practice Test

(OK Bar) Oklahoma Bar Exam Practice Test

OK Bar Torts and Negligence 2