OR Bar Torts and Negligence 1 — Questions and Answers
Question 1: In Oregon, what standard applies when determining if a defendant breached their duty of care?
- The reasonable person standard — what a prudent person would do under similar circumstances (Correct answer)
- The defendant's personal standard of conduct
- Whatever the plaintiff considers reasonable
- A standard based solely on industry custom
Correct 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.
Question 2: What is the doctrine of res ipsa loquitur?
- An inference of negligence when the accident would not normally occur without it and the defendant had control (Correct answer)
- A requirement that the plaintiff must prove every element independently
- A defense available only to medical professionals
- A rule that eliminates the need for expert testimony
Correct 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.
Question 3: What damages are recoverable in a negligence action?
- Compensatory damages including economic losses, pain and suffering, and sometimes punitive damages (Correct answer)
- Only out-of-pocket medical expenses
- A flat statutory amount per injury
- Only the cost of the defendant's insurance deductible
Correct 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.
Question 4: What is assumption of risk as a defense to negligence?
- The plaintiff knowingly and voluntarily encountered a known risk, potentially barring recovery (Correct answer)
- The defendant assumed the risk of being sued
- Insurance companies assume all risk in negligence claims
- The court assumes risk allocation between parties
Correct 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.
Question 5: What is negligence per se?
- Negligence established by the violation of a statute designed to protect the class of persons including the plaintiff (Correct answer)
- Negligence that is automatically proven in every case
- A higher standard applied only to professionals
- Negligence that cannot be defended against
Correct 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.
Question 6: What is joint and several liability?
- Each defendant can be held liable for the entire amount of damages regardless of their individual fault percentage (Correct answer)
- Each defendant pays only their proportional share
- Only the primary defendant is liable
- Liability is split equally among all parties
Correct 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.
OR Bar Torts and Negligence 1
In Oregon, what standard applies when determining if a defendant breached their duty of care?