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Exam 9: Negligence, Strict Liability, and Product Liability

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Question 1

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One morning,Miles accidentally dropped a thumbtack on the chair of the office manager where he worked.The office manager sat on the tack and,two days later,was hospitalized with an infection caused by the tack.Which of the following is correct?

A) Miles's actions were negligent.
B) No tort has been committed.
C) Miles committed an intentional tort.
D) Miles is strictly liable.

E) A) and D)
F) A) and C)

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Question 2

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Kelley went ice skating on a neighbor's pond,but she fell through a thin area into icy waters.Kelley did not have permission to be on the property,and the neighbor did not even know that she was there.Is the neighbor liable for Kelley's injuries?

A) Yes.The neighbor should have posted "thin ice" notices.
B) No.Kelley was a trespasser,and the neighbor can only be held liable for intentionally injuring her or for gross misconduct.
C) It may depend on Kelley's age.
D) Yes,the neighbor is strictly liable.

E) A) and B)
F) A) and C)

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Question 3

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Which of the following acts resulting in injury would be negligence per se?

In a negligence case,the plaintiff must establish

If a court applies res ipsa loquitur

A defendant set off fireworks at a fully licensed Fourth of July show.The result of the activity caused harm to the plaintiff.In order for the plaintiff to win a case of negligence,he or she need only prove that it was foreseeable that the defendant's conduct might cause harm.

A defendant engaging in an ultrahazardous activity is almost always liable for any harm that results.

A customer in a restaurant would be considered ________ to whom the restaurant owner owes a duty ________.

If the defendant successfully proves __________,no matter how slight the plaintiff's negligence,the plaintiff will be denied any recovery of damages.

What is a principal factor in the risk-utility test?

In strict liability,if a company sells a beverage in a can that has sharp edges and injures several consumers,it will be held liable even if it didn't know about the problem.

Res ipsa loquitur shifts the burden of proof from the plaintiff to the defendant.

Discuss the concepts of contributory negligence and comparative negligence.

A sports fan,injured by a hockey puck that flew into the stands during an NHL game,would be subject to the defense of assumption of the risk in a suit to recover for her injuries.

Most states recognize some form of comparative negligence.

Phillip was waiting for a bus at a bus stop.Across the street and down the block,a mechanic negligently overinflated a tire he was intending to put onto Marsha's pickup truck.The exploding tire injured Marsha and frightened a neighborhood dog,which ran down the street and knocked Phillip down,injuring his knee.Phillip sued the mechanic.In applying the Palsgraf v.Long Island Railroad decision to this case,Phillip would

Under a state law,a dog owner is absolutely liable to any person who is injured by the dog.This is an example of

Tommie,a six-year-old child,was seriously injured when he stuck a fork into an electrical outlet at a restaurant.His parents sued the restaurant where the incident occurred,claiming it should have had child protective guards on the outlets even though no law required the restaurant to do so.Whether the restaurant is liable will be dependent upon whether

Kenneth was exposed to radiation on his job in an environmental cleanup.In a lawsuit against his employer,the court must decide the full extent of both present and future damages rather than allowing Kenneth to return to court years later if medical problems develop at that time.

Silas asks his friend Shelby to come to his property to go fishing at his pond.If he fails to warn her that the pier has a rotten spot and she falls through and is injured,Silas would be held liable in most states.