Other Types of Personal Injury Cases
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Questions and Answers

What is the primary legal framework governing dog bite liability in California?

  • Penal Code Section 242
  • Health and Safety Code Section 121690
  • Code of Civil Procedure Section 998
  • Civil Code Section 3342 (correct)

    • Under California's strict liability law, what must be proven to hold a dog owner liable for a bite?

  • The dog caused injury while the victim was lawfully on the property (correct)
  • The owner was negligent in controlling the dog
  • The dog had a history of aggression
  • The owner failed to provide warning signs

    • What is an exception to California's strict liability for dog bites?

  • The dog was under 2 years old.
  • The dog was not leashed in a public area.
  • The owner apologized after the bite.
  • The victim was trespassing. (correct)

    • Which type of evidence is most critical in proving liability in a dog bite case?

    <p>Medical records detailing the injuries (B)</p> Signup and view all the answers

    What role does comparative negligence play in dog bite cases?

    <p>It reduces the victim's damages based on their percentage of fault. (C)</p> Signup and view all the answers

    Which case reinforced the strict liability standard for dog owners in California?

    <p>Johnson v. McMahan (1998) (B)</p> Signup and view all the answers

    What is a key factor to consider when drafting a demand letter for a dog bite case?

    <p>Similar jury verdicts in the jurisdiction (D)</p> Signup and view all the answers

    What damages are commonly included in dog bite cases?

    <p>Medical expenses, pain and suffering, and emotional distress (A)</p> Signup and view all the answers

    Which of the following is an example of provocation, a common defense in dog bite cases?

    <p>The victim teased or hit the dog before the bite occurred. (C)</p> Signup and view all the answers

    What is the purpose of referencing jury verdicts in demand letters for dog bite cases?

    <p>To justify the amount of the settlement demand (D)</p> Signup and view all the answers

    What is the main focus of a wrongful death claim?

    <p>Compensation for the damages suffered by the surviving family members (B)</p> Signup and view all the answers

    True or False: A survival action claim seeks compensation for the pain and suffering the deceased experienced before death, as well as any medical expenses incurred due to the injury leading to death.

    <p>True (A)</p> Signup and view all the answers

    The estate of Mr. Johnson pursues legal action against a construction company after Mr. Johnson was fatally injured on the job site. The claim sought compensation for Mr. Johnson's pain and suffering before his death, as well as the medical expenses incurred from his injury. What type of claim did Mr. Johnson's estate pursue?

    <p>Survival action claim (D)</p> Signup and view all the answers

    Which of the following is NOT typically considered key evidence in a wrongful death or survival action claim?

    <p>Email correspondence between the Defendant and plaintiff (C)</p> Signup and view all the answers

    True or False: Non-economic damages in a wrongful death case can include compensation for the loss of the enjoyment of sexual relations.

    <p>True (A)</p> Signup and view all the answers

    Which of the following is a component of economic damages in a wrongful death case?

    <p>The loss of gifts or benefits the deceased would have provided to the family (A)</p> Signup and view all the answers

    True or False: Economic damages in a survival action include the reasonable cost of health care services the deceased would have provided to a family member.

    <p>True (A)</p> Signup and view all the answers

    What type of damages in a survival action claim compensates for the pain or suffering the deceased endured before death?

    <p>Non-economic damages (A)</p> Signup and view all the answers

    Which of the following would be an example of non-economic damages in a wrongful death case?

    <p>Loss of companionship, comfort, and affection (A)</p> Signup and view all the answers

    True or False: A wrongful death claim can only be brought by the immediate family members of the deceased.

    <p>False (B)</p> Signup and view all the answers

    What is required for a vehicle to be considered a bicycle under California Vehicle Code §231?

    <p>Has fully operable pedals and an electric motor not exceeding 750 watts (A)</p> Signup and view all the answers

    Which law ensures that cyclists have the same rights and responsibilities as motor vehicles in California?

    <p>California Vehicle Code §21200 (D)</p> Signup and view all the answers

    What does the "Three Feet for Safety Act" (CVC §21760) mandate?

    <p>Motorists must maintain a minimum of three feet distance when overtaking cyclists. (C)</p> Signup and view all the answers

    What is an example of a "Right-Hook Collision"?

    <p>A motorist turns right, cutting off a cyclist traveling straight in a bike lane. (B)</p> Signup and view all the answers

    According to California Vehicle Code §20013, what is true about traffic collision reports?

    <p>They cannot be used as evidence in civil or criminal trials. (C)</p> Signup and view all the answers

    What legal principle applies if a cyclist violates a traffic law, such as riding against traffic?

    <p>Negligence per se requires proof that the violation caused the harm. (B)</p> Signup and view all the answers

    What is the key takeaway from Knight v. Jewett regarding assumption of risk?

    <p>Defendants owe a duty not to negligently increase risks. (B)</p> Signup and view all the answers

    Scenario: A cyclist is hit by a motorist who enters a bike lane to bypass traffic. Which California Vehicle Code applies?

    <p>CVC §21209(a): Operation of Motor Vehicles in Bicycle Lane (C)</p> Signup and view all the answers

    Scenario: A cyclist is riding on a sidewalk and is struck by a vehicle exiting a driveway. The driver argues that cyclists are prohibited from using sidewalks. How can the cyclist refute this?

    <p>All of the above. (D)</p> Signup and view all the answers

    Scenario: A cyclist is riding at night without lights and is struck by a vehicle. The motorist claims the cyclist is fully at fault. How should the cyclist respond?

    <p>Use CACI No. 418 to argue that negligence per se requires proof that the violation caused the harm. (C)</p> Signup and view all the answers

    What is the definition of a pedestrian under California Vehicle Code 467?

    <p>A person who is afoot or using an EPAMD (D)</p> Signup and view all the answers

    Which of the following is NOT a common location for pedestrian incidents?

    <p>Highways without foot traffic (A)</p> Signup and view all the answers

    What does CVC 21950(b) emphasize about pedestrian responsibility?

    <p>Pedestrians must use due care and not create immediate hazards. (B)</p> Signup and view all the answers

    Which of the following is a common scenario where a pedestrian is vulnerable in an MVA?

    <p>A pedestrian crossing in a marked or unmarked crosswalk (C)</p> Signup and view all the answers

    What biomechanical factor contributes to the severity of pedestrian injuries in MVAs?

    <p>Impact to the windshield and subsequent fall to the ground (B)</p> Signup and view all the answers

    In what situation is a pedestrian legally required to yield to vehicles?

    <p>When crossing at an unmarked crosswalk (A)</p> Signup and view all the answers

    Which factor helps establish that a pedestrian exercised due care in an MVA case?

    <p>The pedestrian followed traffic signals and avoided sudden movements into traffic (D)</p> Signup and view all the answers

    Why are school zones high-risk areas for pedestrian MVAs?

    <p>Children are unpredictable and frequently cross streets. (A)</p> Signup and view all the answers

    What does California law emphasize about responsibility in pedestrian-related MVAs?

    <p>Pedestrians and drivers share responsibility for road safety. (B)</p> Signup and view all the answers

    Which factor is crucial for bolstering a pedestrian's injury narrative in an MVA case?

    <p>Medical documentation of injuries (B)</p> Signup and view all the answers

    Study Notes

    Dog Bite Cases in California

    • Primary Legal Framework: Civil Code Section 3342 governs dog bite liability in California.

    • Strict Liability: To hold a dog owner liable, the dog must cause injury while the victim was lawfully on the property; a history of aggression or negligence in controlling the dog isn't sufficient under strict liability.

    • Exception: The victim's trespassing is an exception to California's strict liability for dog bites.

    • Critical Evidence: Medical records detailing the injuries are most critical in proving liability in a dog bite case. Expert testimony on animal behavior, photos of the property, and vaccination records are also important but less critical than medical records.

    • Comparative Negligence: Comparative negligence reduces the victim's damages based on their percentage of fault in the case. This does not eliminate liability.

    Case Law

    • Johnson v. McMahan (1998): Reinforced the strict liability standard for dog owners in California.

    • Taylor v. Superior Court (1979), Beagle v. Vasold (1966), and Priebe v. Nelson (2006): Other relevant cases related to dog bite liability. These cases likely relate to previous or differing interpretations or applications related to dog bite liability (without details).

    Demand Letter Considerations

    • Key Factor: Similar jury verdicts in the jurisdiction are a crucial factor when drafting a demand letter.

    Damages in Dog Bite Cases

    • Common Damages: Medical expenses, pain and suffering, and emotional distress are commonly included in dog bite cases.

    • Dog Owner's Expenses: Owner's veterinary costs aren't generally included as damages against the owner in a typical dog bite case.

    • Provocation: The victim teasing or hitting the dog before the bite could be considered provocation.

    Wrongful Death and Survival Claims

    • Wrongful Death Focus: Compensation for damages suffered by surviving family members is the primary focus of a wrongful death claim.

    • Survival Action: This claim seeks compensation for the deceased's pain and suffering—and associated medical expenses—before death and is separate from a wrongful death claim.

    • Economic Damages (Wrongful Death): The reasonable cost of medical care, and loss of gifts or benefits the deceased would have provided to their family, are included.

    • Non-Economic Damages (Wrongful Death): The loss of companionship, comfort, and affection are included in calculating the damages.

      • Note: Damages for loss of income, loss of companionship, and loss of household services are possible items of compensation for both wrongful death cases and survival actions.

    • Importance of Medical Documentation: Professional medical documentation is central to determining the nature and extent of damages and proving causal links.

      • Note: Medical documentation and records are important to support all damages during both wrongful death and survival actions.

    Bicycle and Pedestrian Laws and Cases

    • Bicycle Definition (CVC §231): A bicycle under California Vehicle Code (CVC) §231; a two-wheel vehicle with pedals, appropriate speed and an acceptable motor.

    • Equal Rights & Responsibilities (CVC): California law ensures that cyclists have rights and responsibilities similar to motor vehicles. Specific California Vehicle Codes (e.g., CVC §21760) and other relevant laws establish these responsibilities as well as rights.

    • Three Feet for Safety Act: Motorists must maintain a minimum of three feet distance when overlapping cyclists.

    • Right-Hook Collision: This generally describes situations where a car, or other vehicle strikes a bicycle that is near the parking area and is attempting to turn.

    • Pedestrian Rights & Responsibilities: Pedestrians have certain rights and responsibilities, but also share the responsibility with drivers to ensure road safety. (CVC § 21950(b)).

    • Outside CA: The quiz mentions incidents outside of California, with some mention of definitions and responsibilities, but without specifics.

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    Dog Bite Cases Quiz PDF

    Description

    This quiz explores the legal framework surrounding cases of dog bite, wrongful death, bicycle and pedestrian personal injuries.

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