Legal and Liability

Question 1

Our current legal system

Answer 1

Criminal Law
Civil Law

Question 2

Claims fall under…

Answer 2

Civil (tort of negligence)

Question 3

Tort

Answer 3

civil wrong

Question 4

Types of Tort

Answer 4

Intentional Tort
Strict Liability
Negligence

Question 5

Strict Liability

Answer 5

The claimant only has to prove that a tort occurred and the defendant was responsible. This usually involves situations the law considers inherently dangerous

responsibility imposed on a party by virtue of a statute or case law,
in the absence of intentional or negligence conduct

Question 6

Negligence

Answer 6

failure to use due care by one person to another that a reasonably prudent person would exercise under the same circumstance

Question 7

Duty (negligence)

Answer 7

Triggered through law or contract, it is an obligation of one upon another. Someone must either do or not do something. Example: a driver has a duty to stop at a red light.

Question 8

Breach of Duty (negligence)

Answer 8

The violation or omission of a duty. Example: a driver runs a red light.

Question 9

Proximate Causation (negligence)

Answer 9

The result of a direct action that sets in motion a chain of events that is unbroken.
It is based upon foreseeability. Example: would it be expected that someone who drives through a red light would impact someone who is driving through the intersection on a green light?

Question 10

Damages (negligence)

Answer 10

Injury or loss of value.

Question 11

4 Requirements for Negligence

Answer 11

Duty - Breach of Duty - Proximate Causation - Damages

Question 12

Prudent person

Answer 12

a personification of an ideal of reasonable behavior in every circumstance

Question 13

The claimant has the responsibility to prove that the insured breach caused an injury

Answer 13

The claimant has the responsibility to prove that the insured breach caused an injury

Question 14

Modified Comparative Neg (50%)
*affects claimant

Answer 14

Over 50% negligent - no payment

If you are under 50%, you will receive the % you did not contribute
Ex. 49% neg - receive 51%

Question 15

Modified Comparative Neg (49%)
*affects claimant

Answer 15

Over 49% negligent - no payment

Question 16

Pure Comparative
*affects claimant

Answer 16

If you are 90% negligent - you can receive 10% of loss, etc.

Question 17

Contributory Negligence
*affects claimant

Answer 17

Any contribution - no pay
Plaintiff is barred from recovery if negligence is 1% or greater

Question 18

There are two forms of Assumption of risk:

Answer 18

Express and Implied

Question 19

Express

Answer 19

Each party entered into an agreement. written

Question 20

Implied

Answer 20

There is NO WRITTEN agreement between the parties but there may be a verbal agreement.

Question 21

Last Clear Chance Doctrine
*negligence defense for insured

Answer 21

The claimant/tortfeasor can each assert that despite their negligence, the other party had the last clear chance to avoid the accident and did not take evasive action and therefore should be held fully responsible.

Question 22

Act of God or Nature
*negligence defense for insured

Answer 22

This is an event which could not be predicted and is outside of human control.

An example of this would be a tornado. A tornado may unexpectedly throw a vehicle into another vehicle.

Question 23

Sudden Emergency Doctrine
*negligence defense for insured

Answer 23

heart attack, seizure, etc.

A driver, although driving in a reasonable and prudent manner, is confronted with a situation beyond their control (heart attack, seizure) and may not be held to the same standard of care even the evidence suggests the wisest course of action was not taken.

Question 24

Assumption of Risk
*negligence defense for insured

Answer 24

The claimant voluntarily and knowingly assumed the risk of the conduct involved. An example of this would be a passenger who gets into a vehicle with a driver who has been drinking

Question 25

*Duties of a Motorist

Answer 25

Obey traffic signals
Be a fit driver
Maintain safe vehicle
Control intersection
Look out for others
Vehicle under control

Question 26

Joint Liability

Answer 26

Each negligent party is responsible to pay the full amount of the total damages. The claimant can decide who they want to collect from.

Question 27

Several Liability

Answer 27

Each negligent party is only liable to pay damages that reflect their percentage of negligence.

Question 28

Joint and Several Liability

Answer 28

Each negligent party is responsible for the entire amount of damages being pursued by the claimant, regardless of the individual share of damages actually caused by each.

Question 29

Recorded statement

Answer 29

A VALUABLE tool in acquiring the facts loss

The purpose of a recorded statement is to memorialize a person’s comments regarding the facts of the loss.

Question 30

Video Footage

Answer 30

useful for investigation