Dog Bite Cases Quiz PDF

**Dog Bite Cases** 1. **What is the primary legal framework governing dog bite liability in California?**\ a) Penal Code Section 242\ b) Civil Code Section 3342\ c) Code of Civil Procedure Section 998\ d) Health and Safety Code Section 121690 **Answer:** b) Civil Code Section...

**Dog Bite Cases** 1. **What is the primary legal framework governing dog bite liability in California?**\ a) Penal Code Section 242\ b) Civil Code Section 3342\ c) Code of Civil Procedure Section 998\ d) Health and Safety Code Section 121690 **Answer:** b) Civil Code Section 3342 2. **Under California\'s strict liability law, what must be proven to hold a dog owner liable for a bite?**\ a) The dog had a history of aggression\ b) The owner was negligent in controlling the dog\ c) The dog caused injury while the victim was lawfully on the property\ d) The owner failed to provide warning signs **Answer:** c) The dog caused injury while the victim was lawfully on the property 3. **What is an exception to California\'s strict liability for dog bites?**\ a) The victim was trespassing.\ b) The dog was under 2 years old.\ c) The dog was not leashed in a public area.\ d) The owner apologized after the bite. **Answer:** a) The victim was trespassing. 4. **Which type of evidence is most critical in proving liability in a dog bite case?**\ a) Expert testimony on animal behavior\ b) Photos of the dog owner\'s property\ c) Proof of the dog's vaccination records\ d) Medical records detailing the injuries **Answer:** d) Medical records detailing the injuries 5. **What role does comparative negligence play in dog bite cases?**\ a) It eliminates liability for dog owners if the victim was partially at fault.\ b) It reduces the victim\'s damages based on their percentage of fault.\ c) It shifts liability to animal control.\ d) It increases the settlement amount automatically. **Answer:** b) It reduces the victim\'s damages based on their percentage of fault. 6. **Which case reinforced the strict liability standard for dog owners in California?**\ a) Taylor v. Superior Court (1979)\ b) Johnson v. McMahan (1998)\ c) Beagle v. Vasold (1966)\ d) Priebe v. Nelson (2006) **Answer:** b) Johnson v. McMahan (1998) 7. **What is a key factor to consider when drafting a demand letter for a dog bite case?**\ a) The owner\'s criminal history\ b) Similar jury verdicts in the jurisdiction\ c) The size of the dog involved in the bite\ d) The length of time the owner has owned the dog **Answer:** b) Similar jury verdicts in the jurisdiction 8. **What damages are commonly included in dog bite cases?**\ a) Medical expenses, pain and suffering, and emotional distress\ b) Owner's veterinary costs\ c) Fines issued by animal control\ d) Property damage to the dog owner's home **Answer:** a) Medical expenses, pain and suffering, and emotional distress 9. **Which of the following is an example of provocation, a common defense in dog bite cases?**\ a) The victim entered the property with permission.\ b) The victim teased or hit the dog before the bite occurred.\ c) The dog bit the victim while leashed.\ d) The owner failed to put up a warning sign. **Answer:** b) The victim teased or hit the dog before the bite occurred. 10. **What is the purpose of referencing jury verdicts in demand letters for dog bite cases?**\ a) To ensure the case goes to trial\ b) To justify the amount of the settlement demand\ c) To eliminate the need for medical records\ d) To argue for punitive damages automatically **Answer:** b) To justify the amount of the settlement demand ### **Wrongful Death and Survival Action Claims Quiz** **1. What is the main focus of a wrongful death claim?\ **a) Compensation for the pain and suffering of the deceased\ b) Compensation for the damages suffered by the surviving family members\ c) Compensation for medical expenses incurred before death\ d) Compensation for funeral expenses only **Answer:** b) Compensation for the damages suffered by the surviving family members **2. 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.\ a) True\ b) False **Answer:** a) True 3\. 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?**\ a) Wrongful death claim\ b) Survival action claim\ c) Medical malpractice claim\ d) Product liability claim **Answer: b) Survival action claim** **4. Which of the following is NOT typically considered key evidence in a wrongful death or survival action claim?\ **a) Police report or traffic collision report placing the defendant at fault\ b) Video footage or graphic images of the incident\ c) Death certificate with a probable cause of death\ d) Email correspondence between the Defendant and plaintiff **Answer:** d) Email correspondence between the defendant and plaintiff **5. True or False:** Non-economic damages in a wrongful death case can include compensation for the loss of the enjoyment of sexual relations.\ a) True\ b) False **Answer:** a) True **6. Which of the following is a component of economic damages in a wrongful death case?\ **a) The reasonable cost of medical care incurred by the deceased\ b) The loss of gifts or benefits the deceased would have provided to the family\ c) The pain and suffering the deceased experienced before death\ d) The loss of companionship and moral support of the deceased **Answer:** b) The loss of gifts or benefits the deceased would have provided to the family **7. 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.\ a) True\ b) False **Answer:** a) True **8. What type of damages in a survival action claim compensates for the pain or suffering the deceased endured before death?\ **a) Economic damages\ b) Non-economic damages\ c) Punitive damages\ d) Both economic and non-economic damages **Answer:** b) Non-economic damages **9. Which of the following would be an example of non-economic damages in a wrongful death case?\ **a) Funeral and burial expenses\ b) Loss of companionship, comfort, and affection\ c) The loss of income the deceased would have earned\ d) Reasonable cost of household services the deceased would have provided **Answer:** b) Loss of companionship, comfort, and affection **10. True or False:** A wrongful death claim can only be brought by the immediate family members of the deceased.\ a) True\ b) False **Answer:** b) False **What is required for a vehicle to be considered a bicycle under California Vehicle Code §231?** A. Operates on more than three wheels B. Has fully operable pedals and an electric motor not exceeding 750 watts C. Capable of speeds over 28 mph D. Motorized scooter functionality **Answer**: B **Which law ensures that cyclists have the same rights and responsibilities as motor vehicles in California?** A. California Vehicle Code §21760 B. California Vehicle Code §21200 C. California Vehicle Code §22107 D. California Vehicle Code §21209(a) **Answer**: B **What does the \"Three Feet for Safety Act\" (CVC §21760) mandate?** A. Cyclists must stay at least three feet from vehicles. B. Motorists must maintain a minimum of three feet distance when overtaking cyclists. C. Cyclists are prohibited from entering vehicle lanes. D. Vehicles cannot stop or park in bike lanes. **Answer**: B **What is an example of a \"Right-Hook Collision\"?** A. A driver rear-ends a cyclist at a red light. B. A motorist turns right, cutting off a cyclist traveling straight in a bike lane. C. A car door is opened in the path of a cyclist. D. A cyclist is hit while crossing an intersection. **Answer**: B **According to California Vehicle Code §20013, what is true about traffic collision reports?** A. They are conclusive evidence in court. B. They must always be submitted as evidence. C. They cannot be used as evidence in civil or criminal trials. D. They are required to determine fault in accidents. **Answer**: C **What legal principle applies if a cyclist violates a traffic law, such as riding against traffic?** A. The cyclist is automatically at fault. B. Negligence per se requires proof that the violation caused the harm. C. Cyclists lose all rights to recovery. D. The motorist is exempt from liability. **Answer**: B **What is the key takeaway from *Knight v. Jewett* regarding assumption of risk?** A. Cyclists assume all risks of using public roads. B. Motorists are absolved of liability if a cyclist assumes inherent risks. C. Defendants owe a duty not to negligently increase risks. D. Assumption of risk always precludes liability for the defendant. **Answer**: C **Scenario**: A cyclist is hit by a motorist who enters a bike lane to bypass traffic. Which California Vehicle Code applies? A. CVC §21209(a): Operation of Motor Vehicles in Bicycle Lane B. CVC §21804(a): Duty of Driver About to Enter a Highway C. CVC §22107: Unsafe Lane Changes D. CVC §21760: The Three Feet for Safety Act **Answer**: A **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? A. Refer to CVC §21650(g), which permits bicycles on sidewalks unless prohibited by local ordinances. B. Claim that cyclists are pedestrians when on sidewalks. C. Argue that the driver failed to yield per CVC §21804(a). D. All of the above. **Answer**: D **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? A. Acknowledge fault and drop the claim. B. Use CACI No. 418 to argue that negligence per se requires proof that the violation caused the harm. C. Claim that the motorist should have maintained the three-foot distance. D. Argue that the accident report supports their claim. **Answer**: B **INCIDENTS OUTSIDE CALIFORNIA QUIZ** 1\. What is the definition of a pedestrian under California Vehicle Code 467? a\. A person riding a bicycle b\. A person who is afoot or using an EPAMD c\. Any person crossing a street, regardless of the situation d\. A driver who leaves their car to walk on the road Answer**: b. A person who is afoot or using an EPAMD** 2\. Which of the following is NOT a common location for pedestrian incidents? a\. Crosswalks b\. Private properties and parking areas c\. Highways without foot traffic d\. School zones Answer: **c. Highways without foot traffic** 3\. What does CVC 21950(b) emphasize about pedestrian responsibility? a\. Pedestrians always have the right-of-way in all circumstances. b\. Pedestrians must never cross unmarked crosswalks. c\. Pedestrians must use due care and not create immediate hazards. d\. Pedestrians cannot cross where vehicles are present. Answer: **c. Pedestrians must use due care and not create immediate hazards.** 4\. Which of the following is a common scenario where a pedestrian is vulnerable in an MVA? a\. A pedestrian crossing in a marked or unmarked crosswalk b\. A pedestrian walking on a highway median c\. A pedestrian using a motorized scooter in a no-pedestrian zone d\. A pedestrian jaywalking during heavy traffic Answer: **a. A pedestrian crossing in a marked or unmarked crosswalk** 5\. What biomechanical factor contributes to the severity of pedestrian injuries in MVAs? a\. Driver\'s response time b\. Impact to the windshield and subsequent fall to the ground c\. The pedestrian\'s speed d\. Proximity to street signs Answer: **b. Impact to the windshield and subsequent fall to the ground** 6\. In what situation is a pedestrian legally required to yield to vehicles? a\. When crossing at an unmarked crosswalk b\. When crossing at a marked crosswalk c\. When walking on the sidewalk d\. When crossing a street with pedestrian signals Answer: **a. When crossing at an unmarked crosswalk** 7\. Which factor helps establish that a pedestrian exercised due care in an MVA case? a\. The pedestrian followed traffic signals and avoided sudden movements into traffic b\. The pedestrian crossed the street without using a crosswalk c\. The pedestrian stopped in the middle of the road to avoid an oncoming car d\. The pedestrian relied solely on the driver's responsibility to avoid accidents Answer: **a. The pedestrian followed traffic signals and avoided sudden movements into traffic** 8\. Why are school zones high-risk areas for pedestrian MVAs? a\. The speed limit is often ignored. b\. Children are unpredictable and frequently cross streets. c\. Pedestrians and drivers both share the same rights. d\. Vehicles are prohibited from stopping. Answer: **b. Children are unpredictable and frequently cross streets.** 9\. What does California law emphasize about responsibility in pedestrian-related MVAs? a\. Drivers are entirely responsible for all pedestrian injuries. b\. Pedestrians and drivers share responsibility for road safety. c\. Pedestrians are always at fault if struck outside a crosswalk. d\. Vehicles cannot enter areas with high pedestrian traffic. Answer: **b. Pedestrians and drivers share responsibility for road safety.** 10\. Which factor is crucial for bolstering a pedestrian\'s injury narrative in an MVA case? a\. The color of the pedestrian\'s clothing b\. The presence of nearby witnesses c\. Medical documentation of injuries d\. Whether the vehicle stopped immediately after the incident Answer: **c. Medical documentation of injuries**