Martin works as a pizza delivery person. He parks his bike outside Regalia Inc. to deliver an order. Meanwhile, a damaged book rack in Regalia, which is situated on the first floor of the building, falls down through an open window and crashes on his bike. However, no one admits to having seen the rack fall. Can Martin recover against Regalia for negligence?
A. Martin will be unable to recover because parking under an open floor window amounts to contributory negligence and he is therefore liable for the accident too.
B. Martin can recover if he can prove that book racks do not fall out of windows in the absence of negligence and that Regalia Inc. had exclusive control of the rack prior to the fall.
C. Martin can recover only if he finds a witness who saw the book rack crashing on the bike.
D. Martin will be unable to recover because parking under an open window amounts to assumption of risk.
Answer: B
You might also like to view...
The form of economic cooperation that calls for countries to eliminate all internal barriers to trade among themselves even while maintaining independent trade policies vis-à-vis third countries is known as a(n):
A) Economic union. B) Customs union. C) Free trade area. D) Common market. E) None of the above
Subschemas are used to authorize user access privileges to specific data elements
Indicate whether the statement is true or false
Which of the following would most likely not be expensed using the straight-line method?
A. A timber reserve B. A patent C. A building D. A copyright
The Age Discrimination in Employment Act makes it illegal to:
a. html:discriminate against workers over 40 and those under 20 b. html:discriminate against workers over 40 and under 75 c. html:discriminate against workers over 40 d. html:discriminate against workers over 50 e. html:none of these