CAIA Liability and Negligence Principles 2 — Questions and Answers
Question 1: Which legal doctrine holds an employer responsible for the negligent acts of an employee committed within the scope of employment?
- Res ipsa loquitur
- Vicarious liability (Correct answer)
- Contributory negligence
- Assumption of risk
Correct answer: Vicarious liability
Vicarious liability (respondeat superior) makes an employer legally responsible for torts committed by employees acting within the course of their employment.
Question 2: A driver rear-ends another vehicle while texting. The injured party was not wearing a seatbelt, increasing their injuries. Under pure comparative fault, how is the non-seatbelt factor treated?
- It bars recovery entirely
- It reduces the plaintiff's damages proportionally (Correct answer)
- It shifts all liability to the plaintiff
- It has no effect on the award
Correct answer: It reduces the plaintiff's damages proportionally
Under pure comparative fault, each party's negligence is assigned a percentage, and the plaintiff's award is reduced by their share of fault, including failure to wear a seatbelt.
Question 3: What does 'proximate cause' require in a negligence claim?
- That the defendant intended to cause harm
- That the harm was a foreseeable result of the defendant's conduct (Correct answer)
- That the plaintiff suffered economic loss only
- That multiple defendants acted jointly
Correct answer: That the harm was a foreseeable result of the defendant's conduct
Proximate cause requires that the plaintiff's injury was a reasonably foreseeable consequence of the defendant's negligent act.
Question 4: An adjuster is evaluating a claim where the at-fault driver was operating a company vehicle on a personal errand. Which doctrine most limits the employer's liability?
- Frolic and detour doctrine (Correct answer)
- Joint enterprise doctrine
- Negligent entrustment doctrine
- Last clear chance doctrine
Correct answer: Frolic and detour doctrine
The frolic and detour doctrine limits or eliminates employer liability when an employee deviates from work duties for personal purposes.
Question 5: In states applying the 'modified comparative fault – 51% bar rule,' a plaintiff who is found 55% at fault for an accident will:
- Recover 45% of damages
- Recover nothing (Correct answer)
- Recover full damages minus defendant's 45%
- Recover 55% of damages
Correct answer: Recover nothing
Under the 51% bar rule, a plaintiff who is more than 50% at fault is completely barred from recovering any damages.
Question 6: Which element of negligence requires the defendant to have owed a legal obligation to protect the plaintiff from unreasonable risk of harm?
- Breach
- Causation
- Duty (Correct answer)
- Damages
Correct answer: Duty
Duty is the first element of negligence and refers to the legal obligation a person owes to others to act with reasonable care.
Question 7: A pedestrian darts into traffic unexpectedly and is struck by a vehicle. The driver had a last opportunity to avoid the collision but failed to brake. Which doctrine may allow the pedestrian to recover despite their own negligence?
- Assumption of risk
- Last clear chance (Correct answer)
- Res ipsa loquitur
- Strict liability
Correct answer: Last clear chance
The last clear chance doctrine allows a plaintiff who was also negligent to recover if the defendant had a final opportunity to avoid the accident and failed to take it.
