FREE CLA/CP Torts: Negligence and Liability Questions and Answers

Question 1

A driver, distracted by a text message, runs a red light and strikes a pedestrian who was crossing the street legally.
The pedestrian suffers a broken leg and incurs significant medical bills.
In a negligence claim against the driver, the act of running the red light while distracted primarily represents which element?

Accepted Answer

Breach of Duty

Answer

Damages

Answer

Causation

Answer

Duty of Care

Question 2

A delivery driver for a national courier service negligently causes a car accident while on a scheduled delivery route. The injured party sues both the driver and the courier company. On what legal theory is the courier company most likely to be held liable for its driver's negligence?

Accepted Answer

Respondeat Superior

Answer

Strict Liability

Answer

Negligence Per Se

Answer

Premises Liability

Question 3

Which of the following situations is most likely to be governed by the principles of strict liability?

Accepted Answer

A company that uses dynamite for quarrying operations causes damage to a nearby home from the concussions, despite taking all reasonable safety precautions.

Answer

A surgeon accidentally leaves a medical instrument inside a patient.

Answer

A homeowner fails to clear an icy patch on their private driveway, and a guest slips and falls.

Answer

A distracted driver causes a multi-car pile-up on the freeway.

Question 4

In a jurisdiction that follows the doctrine of pure comparative negligence, a plaintiff is found to be 70% at fault for their own injuries in an accident, and the defendant is 30% at fault. The plaintiff's total damages are $200,000. What is the likely outcome?

Accepted Answer

The plaintiff will recover $60,000.

Answer

The plaintiff will recover nothing because they were more than 50% at fault.

Answer

The plaintiff will recover the full $200,000.

Answer

The plaintiff will recover $140,000.

Question 5

A patient undergoes abdominal surgery and weeks later experiences severe pain. An X-ray reveals that a surgical clamp was left inside their body. The patient has no way of knowing which specific member of the surgical team was responsible. Which legal doctrine would be most useful for the plaintiff to establish negligence?

Accepted Answer

Res ipsa loquitur

Answer

Negligence per se

Answer

Assumption of risk

Answer

Caveat emptor

Question 6

A negligent driver crashes into a utility pole, causing a power outage in the neighborhood. An hour later, before power is restored, a burglar takes advantage of the darkness and breaks into a nearby home. The homeowner sues the driver for the value of the stolen items. Why is the driver likely NOT liable for the theft?

Accepted Answer

The theft was a superseding cause.

Answer

The driver owed no duty to the homeowner.

Answer

The homeowner assumed the risk of burglary.

Answer

The driver did not breach their duty of care.