Liability and Negligence Principles Flashcards

Under negligent entrustment theory, a vehicle owner can be held liable when they allow an incompetent driver to use their vehicle. What must the claimant prove?

Answer: The owner knew or should have known the driver was incompetent or unlicensed

Negligent entrustment requires proof that the vehicle owner knew or had reason to know the borrower was an incompetent, reckless, or unlicensed driver.

Which standard of care applies to a professional automotive technician who inspected a vehicle shortly before a brake failure accident?

Answer: The standard of a reasonably competent automotive technician

Professionals are held to the standard of care of a reasonably competent member of their profession, not merely a layperson.

A claimant alleges a driver ran a red light causing a collision, but no witnesses exist. The adjuster notes the driver has three prior red-light violations. How may these prior violations be relevant?

Answer: They may establish a pattern of negligent behavior or recklessness

Prior similar violations can be relevant to establish a pattern of negligent or reckless behavior, though admissibility varies by jurisdiction.

What distinguishes 'gross negligence' from ordinary negligence in the context of auto insurance claims?

Answer: Gross negligence involves a conscious, reckless disregard for others' safety

Gross negligence involves a conscious and voluntary disregard for the need to use reasonable care, which is more severe than ordinary negligence but falls short of intentional misconduct.

When an adjuster applies the 'but for' test to evaluate causation, what question is being asked?

Answer: But for the defendant's negligent act, would the plaintiff's injury have occurred?

The 'but for' test asks whether the plaintiff's injury would have occurred but for the defendant's negligent conduct — it is the standard test for actual cause.

A driver causes an accident while experiencing a sudden, unforeseeable medical emergency (sudden incapacitation). How does this typically affect liability?

Answer: It may provide a complete defense if the incapacitation was truly unforeseeable

A sudden and unforeseeable medical emergency can negate the element of negligence because the driver lacked the ability to control their actions.

In a dram shop liability scenario involving an auto accident, who may be held liable in addition to the at-fault driver?

Answer: The establishment that served alcohol to the visibly intoxicated driver

Dram shop laws in many states impose liability on bars or restaurants that serve alcohol to a visibly intoxicated person who then causes an accident.