Chapters 19-20 Mini-Flashcard

Front

T/F: To prove strict liability, one must only prove causation and damages, not duty or breach.

Back

True

Front

The doctrine that says if a person is keeping something on his/her property that is likely to attract children, that person must take reasonable steps to protect children against dangers the condition might cause refers to:

Back

Attractive nuisance

Front

What is a toxic tort?

Back

A lawsuit against a manufacturer of toxic substance for harm caused by the manufacture/disposal of that substance.

Front

What is the concept called when someone knows there is potential danger of a foul ball hitting them in the head at a baseball game?

Back

Assumption of risk

Front

T/F: Minors are not liable for the torts they commit; rather, their parents/guardians are held liable.

Back

False

Front

Which of the following is NOT one of the primary elements of negligence? Unreasonable risk of harm, Causation, Breach of duty, Damages

Back

Unreasonable risk of harm

Front

A deadline for filing a lawsuit that requires a tort claim be filed within a certain period of time after the injury was suffered is:

Back

Statute of Limitations

Front

A case without merit, sometimes filed in an effort to force the defendant to offer a cash settlement rather than going to the expense of defending the lawsuit is a:

Back

Frivolous lawsuit

Front

Conduct that falls below the standard established by law for protecting others against unreasonable risk of harm is:

Back

Negligence