Question

1. (SLO #6) Which of the following would determine the percent of tort liability in Pennsylvania?

A. Comparative Negligence

B. Contributory Negligence

C. % Liability Act of 2014

D. All of the Above

2. (SLO #6) Harry, a sole proprietor of Harry's Lawn Care, was using a power lawn mower that when manufactured did not have a blade covered and did not stop automatically when the handle was let go. When cutting a customer's lawn, he tripped over a root in the ground that he didn't see, stumbled, and fell right into the moving blade which amputated two fingers on his left hand. Which of the following would be a correct statement as to what would be the best way legally for Harry to proceed?

A. Sue his employer who did not warn Harry of the protruding root.

B.Sue the manufacturer of the power lawn mower and the retail store that sold the lawn mower for product liability under the Second/Third Restatement of Torts.

C. Sue his customer for negligence for maintaining an overgrown backyard.

D. File a complaint with the Occupational Safety and Health Agency.

E. None of the Above

3. (SLO #7) Under which of the following doctrines is an employer liable for the negligence of an employee:

A. Agency

B. Respondeat Superior

C. Vicarious Liability

D. All of the Above

Answer 1

1. A. Comparative Negligence would determine the percent of tort liability in Pennsylvania. Whereas the remaining ones are not relevant in this context.
2. B. Sue the manufacturer of the power lawn mower and the retail store that sold the lawn mower for product liability under the Second/Third Restatement of Torts is the correct statement as to what would be the best way legally for Harry to proceed. Whereas the remaining ones are not correct statements in this context.
3. D. All of the Above. As agency, respondeat Superior. and vicarious liability are doctrines in which an employer is liable for the negligence of an employee.