Torts - Joint Tortfeasors & Owners & Occupiers

Driver A hits the plaintiff's car, which causes a leg injury. The plaintiff goes to the hospital and, due to the negligence of Doctor B, now has permanent brain damage. Which of the following statements is incorrect?

• If Doctor B made the leg injury worse, he would also be responsible for the enhanced leg injury

• Driver A is responsible for the initial leg injury but not the permanent brain damage because Doctor B's negligence was not foreseeable.

• Doctor B is only responsible for the second injury—the permanent brain damage.

• Driver A is responsible for both the initial leg injury and the permanent brain damage because Doctor B's negligence is foreseeable

Eminem was a passenger in a boat owned and rowed by Snoop Dogg. The two were headed to a Superbowl halftime show located on an island. Snoop negligently caused the rowboat to turn over and then swam away without helping Eminem, a non-swimmer. Fortunately, 50 Cent, in a passing motorboat arrived in only a few minutes and transported Eminem to shore. Eminem and 50 Cent agreed that although Eminem felt well, it might be a good idea for Eminem to go to an emergency room. An ambulance drove Eminem to the hospital. Unfortunately, Dr. Dre, the emergency room doctor, negligently injured Eminem 's back while attempting to move him onto a hospital bed. If Eminem brings negligence actions against both Dr. Dre and Snoop for the back injury, which of the following statements is most accurate?

• Only Snoop will be held liable

• Both Snoop and Dr. Dre will be held liable

• Only Dr. Dre will be held liable

• Neither Snoop nor Dr. Dre will be held liable because it is impossible to apportion the injury between the two defendants.

The Biebs picks up Fonsi on the way to the studio, where the two planned to record a song called Despacito. Excited about the song, The Biebs lost concentration on his driving and collided with a car driven by Daddy Yankee, who had stopped at a red light. Daddy Yankee brings an action against The Biebs and Fonsi. Which of the following statements is most accurate?

• If Daddy Yankee prevails against the The Biebs, The Biebs can then sue Fonsi for contribution

• If Fonsi was aware that The Biebs was a bad driver, Fonsi can be held liable for Daddy Yankee’s injuries

• Because The Biebs and Fonsi were involved in a joint venture, Fonsi can be held jointly liable with The Biebs for Daddy Yankee’s injury.

• Unless Daddy Yankee can demonstrate that Fonsi acted negligently in some manner, Fonsi cannot be held liable.

Billy Green is a watermelon farmer from Big City. Tired of kids stealing his watermelons, Billy decides to plant extremely hot and spicy peppers to get the kids off his land. These are the hottest peppers that exist, and usually make people very sick if eaten straight. One day, Honey Boo Boo, an 11-year-old girl, on her way from school, decides to steal one of the watermelons. Honey Boo Boo is attracted by the hot peppers, and she plucks one and shoves it into her mouth. The pepper burns her mouth and stomach so bad, that she requires hospitalization. If Honey Boo Boo’s parents bring a cause of action against Billy Green, a court is likely to rule:

• For Honey Boo Boo if it was foreseeable that a child of that age will be unable to appreciate the risk posed by extremely hot and spicy peppers.

• For Billy Green, because Honey Boo Boo’s theft is a superseding cause to Carter’s liability

• For Billy Green, because Honey Boo Boo was trespasser.

• For Honey Boo Boo because Billy Green was negligent.

A landowner tacitly permits the boys of a town to play ball on his vacant lot. While playing in the lot, one of the boys breaks his leg when he trips on a hole in the field. The boy brings a cause of action against the landowner for negligence. The court is likely to treat the boy as?

• Trespasser

• Invitee

• Licensee

• Social guest

A landowner tacitly permits the boys of a town to play ball on his vacant lot. The landowner installs playground equipment and posts a sign saying that the lot is open free to all children. While playing in the lot, one of the boys breaks his leg when he trips on a hole in the field. The boy brings a cause of action against the landowner for negligence. The court is likely to treat the boy as?

• Trespasser

• Invitee

• Licensee

• Social guest