MI Bar Torts and Negligence

Question 1

In Michigan, what standard applies when determining if a defendant breached their duty of care?

Accepted Answer

The reasonable person standard — what a prudent person would do under similar circumstances

Answer

The defendant's personal standard of conduct

Answer

Whatever the plaintiff considers reasonable

Answer

A standard based solely on industry custom

Question 2

What is the doctrine of res ipsa loquitur?

Accepted Answer

An inference of negligence when the accident would not normally occur without it and the defendant had control

Answer

A requirement that the plaintiff must prove every element independently

Answer

A defense available only to medical professionals

Answer

A rule that eliminates the need for expert testimony

Question 3

What damages are recoverable in a negligence action?

Accepted Answer

Compensatory damages including economic losses, pain and suffering, and sometimes punitive damages

Answer

Only out-of-pocket medical expenses

Answer

A flat statutory amount per injury

Answer

Only the cost of the defendant's insurance deductible

Question 4

What is assumption of risk as a defense to negligence?

Accepted Answer

The plaintiff knowingly and voluntarily encountered a known risk, potentially barring recovery

Answer

The defendant assumed the risk of being sued

Answer

Insurance companies assume all risk in negligence claims

Answer

The court assumes risk allocation between parties

Question 5

What is negligence per se?

Accepted Answer

Negligence established by the violation of a statute designed to protect the class of persons including the plaintiff

Answer

Negligence that is automatically proven in every case

Answer

A higher standard applied only to professionals

Answer

Negligence that cannot be defended against

Question 6

What is joint and several liability?

Accepted Answer

Each defendant can be held liable for the entire amount of damages regardless of their individual fault percentage

Answer

Each defendant pays only their proportional share

Answer

Only the primary defendant is liable

Answer

Liability is split equally among all parties