Negligence

Question 1

PA courts weight several factors to determine whether a duty of care exists, including (5) . . .

Answer 1

Relationship between the parties

Social utility of the actor’s conduct

Nature of the risk imposed and foreseeability of harm incurred

Consequences of imposing a duty on the actor

Overall public interest in the proposed solution.

Question 2

The failure to disclose the risks of a surgical procedure creates an action in _____, not negligence.

Answer 2

Battery

Question 3

To establish direct corporate liability for a health care institution, the plaintiff must show that what relationship existed?

Answer 3

A resident-entity

Question 4

When a physician’s negligence is a substantial factor is causing a patient’s injury, the P doe/doesn’t have to prove to a certainty that proper care would have prevented the injury.

Answer 4

Does NOT

Question 5

The increased risk of harm doctrine does/does not apply to attorney malpractice.

Answer 5

Does NOT

Question 6

Children under _____ are conclusively presumed to be incapable of negligence

Answer 6

7

Question 7

Children from ____ to ______ are rebuttable presumed to be incapable of negligence.

Answer 7

7 to 14

Question 8

Children over ____ are presumed to be capable of negligence.

Answer 8

14

Question 9

In PA, common carriers and innkeepers owe patrons the _______ duty of care.

Answer 9

Highest

Question 10

In PA, what is the standard of care in an emergency situation? What is the doctrine called?

Answer 10

Acting as a reasonable person would under the same emergency

Sudden Emergency Doctrine

Question 11

PA follows the general rule of no duty owed to undiscovered trespassers. PA also imposes a duty to refrain from ____ or _____ conduct with regard to trespassers.

Answer 11

Wanton or willful

Question 12

PA’s Good Samaritan Statute protects which three groups of people

Answer 12

Medical personnel

Nonmedical personnel certified in first aid

Volunteers w/o compensation rendering services (coaches, managers, umpires, etc)

Question 13

Any person who uses a defibrillator in this manner in an emergency is protected, unless her actions are grossly negligent or done with an intent to harm.

Answer 13

In good faith

Question 14

A medical doctor does/does not have a duty to warn someone of her patient’s communicable disease.

Answer 14

Does not.

Question 15

PA does or does not recognize a COA for the tort of negligent spoliation of evidence

Answer 15

Does NOT

Question 16

It is against public policy for a pre-injury release to relive a party of liability for reckless conduct. This rule applies with equal force to voluntary recreational activities. True or False?

Answer 16

True

Question 17

PA has a complete or partial comparative negligence statute?

Answer 17

Partial

Question 18

Under PA’s partial negligence statute, recovery is barred only when . . .

Answer 18

P’s negligence exceeds the combined negligence of ALL defendants.

Question 19

The Last Clear Chance Doctrine does/does not apply in PA.

Answer 19

Does not

Question 20

For which two activities has PA retained assumption of the risk?

Answer 20

Downhill skiing

Riding offered vehicles

Question 21

Why does PA not apply comparative negligence principles to willful or wanton misconduct?

Answer 21

Intent aspects of such conduct.

Question 22

A defendant’s sudden incapacity that negates negligence (e.g., seizure while driving), must be pleaded and proven as . . .

Answer 22

An affirmative defense.