Comparative Negligence Self-Quiz
| Marty is late for school
one day so, instead of walking like he normally does, he gets onto his
skateboard, grabs hold of the back of a passing pick-up truck, and holds
on for the ride. At some point, the truck passes through a busy intersection.
Unfortunately, Biff, who is coming from the other direction, runs his
red light, barrels through the intersection and crashes into the pick-up
truck. The truck is damaged and Marty is severely injured. If Marty sues
Biff for negligence and they are in a contributory negligence jurisdiction,
Marty will collect:
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| Marty is late for school
one day so, instead of walking like he normally does, he gets onto his
skateboard, grabs hold of the back of a passing pick-up truck, and holds
on for the ride. At some point, the truck passes through a busy intersection.
Unfortunately, Biff, who is coming from the other direction, runs his
red light, barrels through the intersection and crashes into the pick-up
truck. The truck is damaged and Marty is severely injured. Marty sues
Biff for negligence. The suit is brought in a pure comparative negligence
jurisdiction and the jury determines that Marty is 70% responsible for
his injuries and Biff is 30% responsible for Marty’s injuries. That
being the case, Marty will collect:
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| Marty is late for school
one day so, instead of walking like he normally does, he gets onto his
skateboard, grabs hold of the back of a passing pick-up truck, and holds
on for the ride. At some point, the truck passes through a busy intersection.
Unfortunately, Biff, who is coming from the other direction, runs his
red light, barrels through the intersection and crashes into the pick-up
truck. The truck is damaged and Marty is severely injured. Marty sues
Biff for negligence. The suit is brought in a partial comparative negligence
jurisdiction and the jury determines that Marty is 70% responsible for
his injuries and Biff is 30% responsible for Marty’s injuries. That
being the case, Marty will collect:
|
| Mike and Ike are two self-proclaimed
dare devils who love the adrenaline rush they get from pulling off dangerous
stunts. One of their favorite games is “car dodging” where
they run out into the middle of the street and dodge oncoming traffic.
However, Mike and Ike are not as brave as they think they are and they
only jump out in front of cars that are going slow enough to stop in time
when the driver sees what is going on. One day, Mike and Ike decide to
car dodge on Main Street, a road in their town with a speed limit of 25
mph. Mike jumps into the street about one hundred feet in front of an
oncoming Yugo. Unfortunately, the car is moving at 90 mph, much too fast
to avoid hitting Mike. Mike can’t get out of the way in time and
is severely injured when the car hits him. Mike sues the driver, arguing
that the driver was negligent for traveling at 65 mph above the speed
limit. The Jury determines that Mike has suffered $10,000 in damages but
that he was 90% at fault and the driver was only 10% at fault. If Mike
sues in a pure comparative negligence jurisdiction, he will:
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| Marty is late for school
one day so, instead of walking like he normally does, he jumps into his
dad’s car and begins to drive. In his rush, Marty forgot to buckle
his seatbelt. While passing through an intersection, Mary is hit by Biff
who has run a red light. The impact of the crash throws Marty through
his windshield and he is seriously injured. If a jury decides that Marty
failed to mitigate the damage by wearing a seatbelt, Marty will not be
able to recover in a negligence suit against Biff:
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| Mike and Ike are two self-proclaimed
dare devils who love the adrenaline rush they get from pulling off dangerous
stunts. One of their favorite games is “car dodging” where
they run out into the middle of the street and dodge oncoming traffic.
However, Mike and Ike are not as brave as they think they are and they
only jump out in front of cars that are going slow enough to stop in time
when the driver sees what is going on. One day, Mike and Ike decide to
car dodge on Main Street, a road in their town with a speed limit of 25
mph. Mike jumps into the street about one hundred feet in front of an
oncoming Yugo. Unfortunately, the car is moving at 90 mph, much too fast
to avoid hitting Mike. Mike can’t get out of the way in time and
is severely injured when the car hits him. Mike sues the driver, arguing
that the driver was negligent for traveling at 65 mph above the speed
limit. The Jury determines that Mike has suffered $10,000 in damages but
that he was 90% at fault and the driver was only 10% at fault. If Mike
sues in a partial comparative negligence jurisdiction, he will:
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| Mike and Ike are two self-proclaimed
dare devils who love the adrenaline rush they get from pulling off dangerous
stunts. One of their favorite games is “car dodging” where
they run out into the middle of the street and dodge oncoming traffic.
However, Mike and Ike are not as brave as they think they are and they
only jump out in front of cars that are going slow enough to stop in time
when the driver sees what is going on. One day, Mike and Ike decide to
car dodge on Main Street, a road in their town with a speed limit of 25
mph. Mike jumps into the street about one hundred feet in front of an
oncoming Yugo. Unfortunately, the car is involved with two other cars
in a drag race and is moving at 90 mph, much too fast to avoid hitting
Mike. Mike can’t get out of the way in time and is severely injured
when the car hits him. Mike sues the driver, arguing that the driver was
negligent for traveling at 65 minutes above the speed limit. The Jury
determines that Mike has suffered $10,000 in damages but that he was 40%
at fault. The jury also determines that each driver was 20% at fault.
If Mike sues in a partial comparative negligence jurisdiction that allows
the plaintiff to aggregate defendants’ percentages, he will:
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