All flashcards
346 cards
321What is primary implied assumption of the risk?
322Do comparative-fault jurisdictions recognize primary implied assumption of the risk as a valid defense?
323If a defendant’s negligence made an activity more dangerous than the plaintiff could reasonably have anticipated when assumng the risk of the activity, may the defendant be held liable for any resulting injury?
324What is secondary implied assumption of the risk?
325Is implied secondary assumption of risk an affirmative defense?
326What must a defendant show to invoke assumption of risk as an independent defense to negligent or reckless conduct?
327A daredevil invited a friend to go bandit bungee-jumping, which involved quickly installing and using bungee-jumping equipment on bridges or other high places without permission. The daredevil explained the general risks to the friend, like how the jump locations have not been evaluated for safety and that the equipment would be hastily installed and not inspected. The friend voluntarily agreed to participate. However, the friend did not know that the daredevil’s usual gear was unavailable, and the daredevil was using unfamiliar, borrowed equipment. As a result of the daredevil’s lack of familiarity with the equipment, the daredevil incorrectly installed the bungee cord on a bridge railing. When the friend jumped off the bridge, the cord broke loose. The friend fell and was seriously injured.Does the assumption-of-risk defense bar the friend from recovering against the daredevil?
328A cross-country skier was lost in a forest for hours before emerging next to a seldom-traveled road. As night fell, a driver went by and pulled over to help. The driver offered to give the skier a ride, but the driver also confessed to the skier that he had been drinking. The driver offered to let the skier drive, but the skier did not know how. After debating her options, the skier got in the car rather than spend the night exposed to the cold. The driver crashed the car, and the skier was injured. The skier sued the driver in a jurisdiction that had abolished the assumption of risk as an independent defense. The jurisdiction reduced a plaintiff’s recovery for assumption of risk only if the plaintiff behaved unreasonably under a comparative-fault analysis.Will the skier’s recovery be reduced because she knew the driver had been drinking and chose to get in the car anyway?
329May a plaintiff recover for injuries resulting from the plaintiff’s own commission of a crime?
330Can a plaintiff’s criminal conduct create a duty of care for a defendant?
331Under Cardozo’s view, when does a duty arise for negligence purposes?
332What is the effect of the firefighter’s rule on a public-safety officer’s ability to recover for negligence?
333In negligence, what standard of care generally applies if the defendant is a child?
334Under negligence per se, unless an exception applies, the specific requirements of a law constitute the appliable standard of care in a negligence action if:(1) the law sets forth a ________ and ________ command,(2) the law was meant to prevent the ________ that injured the victim, and(3) the law was meant to protect a ________ to which the victim belongs.
335In negligence, res ipsa loquitur applies if:(1) the ________ ordinarily occurs only if someone was ________;(2) the actor had ________ or _______ control over the injurious instrumentality, making the actor’s negligence the ________ explanation for the accident; and (3) the evidence sufficiently eliminates ________ of the accident, including the victim’s own negligence.
336For res ispa loquitur, if multiple actors in a hierarchal relationship control the injurious instrumentality, against whom may res ipsa loquitur apply?
337In negligence, the substantial-factor test for actual causation applies if:(1) ________ simultaneously to cause the victim’s harm,(2) any one of the forces would have been ________ to cause the harm, and (3) it is ________ which force caused what portion of the harm.
338In a negligence action, the alternative-causes doctrine applies if what three criteria exist?
339If multiple defendants are jointly and severally liable for an injury and each is assigned a percentage of fault, can the plaintiff recover only the corresponding percentage of damages from each defendant?
340In negligence, which intervening forces become superseding forces that break the chain of causation between the actor’s breach of duty and the victim’s harm?
341Under the attractive-nuisance doctrine, a possessor of land may be liable for injuries to trespassing children if:(1) the injury arises from an ________ on the premises,(2) the possessor knows or has reason to know children are ________ upon the condition’s location,(3) the possessor knows or has reason to know of the condition’s ________,(4) the possessor knows or has reason to know the condition poses a risk of ________ or ________ to child trespassers,(5) the injured child’s youth prevents him from ________ the condition’s ________,(6) the condition’s usefulness is ________ compared to the danger it poses, and(7) the possessor fails to use ________ to eliminate the danger or protect child trespassers.
342A possessor of land may be liable for injuries to anticipated trespassers if:(1) the possessor conducts a ________ or creates a condition involving significant risk of ________ or ________ to anticipated trespassers,(2) the possessor knows or has reason to know the anticipated trespassers will not ________, and(3) the possessor fails to ________ to exclude or protect the anticipated trespassers.
343What two criteria must a person meet to be classified as a business invitee on another’s property?
344What are the four elements for a bystander claim for emotional distress?
345Do courts ever permit recovery for negligent infliction of emotional distress (NIED) without proof of physical impact or physical manifestation of distress?
346A hospital is vicariously liable for malpractice committed by an independent-contractor physician only if:(1) the hospital ________ publicly as offering medical care;(2) the patient looked to the ________ to provide care, not a ________; and(3) a ________ in the patient’s position would believe the physician was the hospital’s ________.