Negligence and Liability Flashcards
6 cards from real accident attorney practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Negligence and Liability flashcards as text
What standard of care is typically applied to determine negligence in accident cases?
Answer: The reasonable person standard
Negligence is measured against what a reasonably prudent person would have done under the same circumstances.
What is strict liability in accident cases?
Answer: Liability imposed without requiring proof of negligence or intent
Strict liability holds a party responsible for damages regardless of fault, often applied to abnormally dangerous activities and defective products.
Which of the following is an example of premises liability?
Answer: A customer slipping on a wet floor in a grocery store
Premises liability holds property owners responsible for injuries caused by unsafe conditions on their property.
What duty of care does a property owner owe to a trespasser under common law?
Answer: Only to refrain from willful or wanton harm
At common law, landowners owe trespassers only a minimal duty to avoid deliberately or recklessly injuring them.
What is negligence per se?
Answer: Negligence established by a defendant's violation of a statute designed to protect the plaintiff
Negligence per se uses a defendant's statutory violation as automatic evidence of breach of duty when the statute was meant to prevent the type of harm suffered.
In a multi-car accident, how is fault typically allocated among multiple defendants?
Answer: By percentage of each party's contribution to the accident under comparative fault rules
Modern comparative fault systems apportion liability among defendants based on each party's percentage of responsibility.