Training for Intervention ProcedureS (TIPS) Certification Practice Exam

What type of liability involves a minimum standard for actions a reasonable person should take to prevent problems?

1. Dram Shop Liability

2. Common Negligence

3. Criminal Liability

4. Vicarious Liability

The correct answer is: Common Negligence

The focus of this question is on the concept of liability that pertains to a standard of care expected from individuals in order to prevent harm to others. Common negligence serves as the basis for determining whether a person's actions (or lack thereof) can be judged as negligent. This legal principle demands that individuals act in a manner that a reasonable person would under similar circumstances. When evaluating negligence, the court assesses whether the actions taken fell below the expected standard of care that an average, prudent person would exercise. If it is determined that an individual failed to meet this standard and that failure resulted in harm to another person, they may be found liable for damages. This principle underscores responsibility in everyday life, where individuals must take reasonable precautions to avoid causing harm to others. In contrast, the other types of liability mentioned do not center on this standard of care. Dram shop liability relates specifically to the responsibility of alcohol-serving establishments for the actions of their patrons. Criminal liability involves actions that are offenses against the state, including conduct that violates criminal law. Vicarious liability refers to holding an employer or principal liable for the negligent actions of an employee or agent while they are performing their job duties, which does not directly focus on individual standard of care as in common negligence.