Negligence and Liability Flashcards

What must a plaintiff show to prove causation in fact in a negligence case?

Answer: That but for the defendant's negligence, the injury would not have occurred

Causation in fact requires the plaintiff to show that without the defendant's negligent act, the injury would not have happened.

What are punitive damages and when are they awarded in accident cases?

Answer: Additional damages awarded to punish defendants for egregious, reckless, or intentional misconduct

Punitive damages go beyond compensation and are awarded when the defendant's conduct was malicious, fraudulent, or grossly reckless.

What does duty of care mean in a negligence claim?

Answer: A legal obligation to act with reasonable care to avoid harming others who could foreseeably be affected

Duty of care is the first element of negligence, requiring defendants to act as a reasonable person would to prevent foreseeable harm to others.

When can a government entity be sued for negligence causing an accident in the US?

Answer: When the government has waived sovereign immunity under applicable federal or state tort claims acts

Government immunity is waived when a claimant files a proper administrative claim under the Federal Tort Claims Act or its state equivalent.

What is a superseding cause in accident liability?

Answer: An independent, unforeseeable event that breaks the chain of causation and relieves the original defendant of liability

A superseding cause is an intervening act so unforeseeable that it cuts off the original defendant's legal responsibility for the resulting harm.

In a rear-end collision, which driver is typically presumed to be at fault?

Answer: The following driver

The following driver is generally presumed at fault for failing to maintain a safe following distance, though this presumption can be rebutted.