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In general, the injurer's precaution responds to court errors in setting the legal standard under a negligence rule. Is this state-ment true for all forms of the negligence rule, or only for the simple negligence rule?

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Kritika Krishnakumar
Kritika KrishnakumarLv10
28 Sep 2019

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Why do most cases settle out of court? [Explain what conditions tend to increase the likelihood of settlement and why they are likely to be present in court cases.] If, instead of settling, more cases had to be tried in court, what would this imply for the standard of negligence that is appropriate in tort cases?

Read the following case: An individual, Sam Rice, was injured while using a survival knife manufactured by the BearArms Knife Company. Sam is a resident of the state of Iowa. He was injured in the state of Iowa, where he was using the knife to whittle a wooden cup. The BearArms Knife Company is located in the State of Delaware. It sells its knives to retail stores throughout the United States. Sam bought his knife at Paul's Discount in Iowa City. Sam's injuries cost him in terms of doctor's bills and missed income from not being able to work well over $200,000.

Sam sued BearArms Knife Company in Iowa state court for negligence. BearArms Knife Company did not, however, respond to or otherwise contest Sam's lawsuit, and Sam was awarded $425,000 in damages by the trial court.

Based on the legal information that you learned in this chapter, write a 1-2 sentence answer for each of the following questions.

1. What type of judgment did the trial court award against BearArms Knife Company?

2. Which court(s)--state and/or federal courts--would have jurisdiction over Sam's lawsuit against BearArms Knife Company?

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Following an automobile accident, a 46-year-old man was brought to the hospital emergency department by an ambulance. The patient seemed to be alert, was able to answer questions, and claimed to be suffering from a great deal of pain. The physician administered 15 milligrams of morphine intravenously. The patient needed blood but refused a transfusion. After being observed in the emergency department for several hours, the patient was placed on a medical-surgical unit for observation. The following morning, he was unresponsive, and he was eventually pronounced dead. It was later discovered that he had a long history of drug and alcohol abuse. The night of the accident, he had injected heroin and drank several shots of tequila and multiple cans of beer. He had not disclosed any of this to the doctors or nurses treating him. Several years later, his estate sued the physician, claiming medical malpractice.

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