Module 4 - Anatomy of Personal Injury, Products Liability, Toxic Tort, and Worker's Comp

Question 1

Theories of Liability for Med-Mal or PI Cases

Answer 1

Intentional torts
Negligence/gross negligence
Negligent infliction of emotional distress

Question 2

Theories of Liability for Toxic Tort Cases

Answer 2

Intentional torts
Negligence/gross negligence
Strict liability

Question 3

Plaintiff Challenges for Toxic Tort Cases

Answer 3

Difficult to establish causation
Not supported by research.
Exposure latency period.
Difficult to prove exposure occurred.

Question 4

Defendant Challenges for Toxic Tort Cases

Answer 4

Unsympathetic jurors.

Adverse publicity encourages settlement,

Question 5

Worker’s Compensation

Answer 5

Social contract between an employer and its employees that provides a no-fault solution for compensation for job-related injuries and illnesses. Exclusive remedy - cannot go to court.

Question 6

Impairment

Answer 6

What is wrong with the individual.

Question 7

Disability

Answer 7

The gap between what an individual can do and needs/wants to do.

Question 8

What type of case involves exposure to toxins and chemicals?

a. Worker’s Comp
b. Toxic tort
c. Products liability
d. Merchantability

Answer 8

b.

Question 9

Which of the following is a compensable injury under Worker’s Comp?

a. Slip and fall on wet floor.
b. Accident while traveling to work.
c. Injury sustained by seizure at work.
d. Accident while eating lunch out.

Answer 9

a.

Question 10

A unique challenge for the plaintiff in an environmental case is:

a. Adverse publicity.
b. Increased awareness of hazards.
c. Difficulty establishing injuries and damages.
d. Jury sympathy.

Answer 10

c.

Question 11

The role of the CLNC in a Worker’s Comp case has heavy emphasis on:

a. Damage and causation.
b. Duty and breach of duty.
c. Duty and damage.
d. Breach of duty and causation.

Answer 11

a.

Question 12

The role of the CLNC in a Toxic Tort is to assess:

a. Duty and breach of duty.
b. Duty and damages.
c. Breach of duty and causation.
d. Damages and causation.

Answer 12

d.

Question 13

T/F - In a toxic tort case, subsequent medical records are irrelevant to the analysis of the medical issues.

Answer 13

False

Question 14

T/F - The plaintiff must prove fault under the theory of strict liability.

Answer 14

False

Question 15

T/F - In worker’s comp cases, impairment is the only factor to consider when assessing damages/injuries.

Answer 15

False

Question 16

T/F - Under worker’s comp, the plaintiff generally cannot sue the employer for negligence.

Answer 16

True

Question 17

T/F - All states have the same worker’s comp benefits.

Answer 17

False

Question 18

T/F - In worker’s comp, damages are limited.

Answer 18

True

Question 19

T/F - Juries are more sympathetic to profit-oriented companies than to individuals.

Answer 19

False