Principles of Negligence Quiz

Negligence is failing to exercise reasonable care, resulting in harm to others.

Causation is crucial in proving negligence, showing the direct link between the defendant's actions and the harm caused.

Negligence must be proven by a preponderance of evidence, showing it's more likely than not that the defendant's actions caused harm.

The assumption of risk defense asserts that the plaintiff willingly accepted the known risks associated with an activity.

The 'reasonable person' principle assesses a person's actions based on what an average person would do in similar circumstances.

It's the standard by which a person's actions are judged, considering what a reasonable person would do in the same situation.

Duty of care is the legal responsibility to act reasonably and avoid causing harm to others.

Negligence results from carelessness, while intentional torts involve deliberate harm or wrongdoing.

The 'but-for' test examines whether the harm would have happened without the defendant's actions.

In most jurisdictions, negligence claims must be filed within two years of the incident.

Contributory negligence reduces a plaintiff's recovery if their actions contributed to the harm they suffered.

Damages are divided based on each party's percentage of fault in comparative negligence jurisdictions.

Res ipsa loquitur applies when negligence is evident from the circumstances, relieving the plaintiff from proving specific acts of negligence.

Proximate cause determines if the harm was a foreseeable consequence of the defendant's actions.

If the plaintiff's negligence is greater than the defendant's, they may be unable to recover damages.