Arizona Adjuster Practice Exam

What tort is likely claimed against Nimiroski Motors for not securing their lot?

1. Assault

2. Fraud

3. Nuisance

4. Negligence

The correct answer is: Negligence

The most appropriate tort claimed against Nimiroski Motors for not securing their lot is negligence. Negligence occurs when an individual or entity fails to exercise a reasonable standard of care, leading to harm or injury to another party. In this context, if Nimiroski Motors did not take proper steps to secure their lot, they might be held liable for any resulting damages or injuries that occur as a direct consequence of that negligence. For a successful negligence claim, four key elements must generally be established: a duty of care was owed, there was a breach of that duty, the breach caused injury or damage, and there are actual damages resulting from the breach. If Nimiroski Motors had a responsibility to secure their lot but failed to do so, and this failure resulted in harm—such as theft, vandalism, or any harm to individuals on or near the property—then it would support a claim of negligence. The other torts listed do not fit this scenario. Assault involves a threat of harm to another person, which doesn't apply when we're discussing property security. Fraud requires a misrepresentation that leads to someone being tricked or deceived, and this situation does not involve dishonest acts towards others for financial gain. Nuisance relates