Practice Test Geeks(CAIA) Certified Automotive Insurance Adjuster Practice Test
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Liability and Negligence Principles Flashcards

7 cards from real CAIA practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 7 Liability and Negligence Principles flashcards as text

  1. Which legal doctrine holds an employer responsible for the negligent acts of an employee committed within the scope of employment?

    Answer: Vicarious liability

    Vicarious liability (respondeat superior) makes an employer legally responsible for torts committed by employees acting within the course of their employment.

  2. A driver rear-ends another vehicle while texting. The injured party was not wearing a seatbelt, increasing their injuries. Under pure comparative fault, how is the non-seatbelt factor treated?

    Answer: It reduces the plaintiff's damages proportionally

    Under pure comparative fault, each party's negligence is assigned a percentage, and the plaintiff's award is reduced by their share of fault, including failure to wear a seatbelt.

  3. What does 'proximate cause' require in a negligence claim?

    Answer: That the harm was a foreseeable result of the defendant's conduct

    Proximate cause requires that the plaintiff's injury was a reasonably foreseeable consequence of the defendant's negligent act.

  4. An adjuster is evaluating a claim where the at-fault driver was operating a company vehicle on a personal errand. Which doctrine most limits the employer's liability?

    Answer: Frolic and detour doctrine

    The frolic and detour doctrine limits or eliminates employer liability when an employee deviates from work duties for personal purposes.

  5. In states applying the 'modified comparative fault – 51% bar rule,' a plaintiff who is found 55% at fault for an accident will:

    Answer: Recover nothing

    Under the 51% bar rule, a plaintiff who is more than 50% at fault is completely barred from recovering any damages.

  6. Which element of negligence requires the defendant to have owed a legal obligation to protect the plaintiff from unreasonable risk of harm?

    Answer: Duty

    Duty is the first element of negligence and refers to the legal obligation a person owes to others to act with reasonable care.

  7. A pedestrian darts into traffic unexpectedly and is struck by a vehicle. The driver had a last opportunity to avoid the collision but failed to brake. Which doctrine may allow the pedestrian to recover despite their own negligence?

    Answer: Last clear chance

    The last clear chance doctrine allows a plaintiff who was also negligent to recover if the defendant had a final opportunity to avoid the accident and failed to take it.