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MMLU / An appliance store was using part of a public alley to unload its trucks. There…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

An appliance store was using part of a public alley to unload its trucks. There were no warning signs keeping pedestrians out or warning of unloading trucks. A pedestrian walked through the general vicinity but he avoided the unloading area. One of the workers pulled the wrong lever and a load of commercial refrigerators crashed into the street, causing a rumbling tremor in the road. The tremor caused a heavy box to fall off of a parked truck that was about 30 yards away from the loading dock. It fell on the pedestrian, causing serious injury. The pedestrian sued the appliance store for negligence, and the store defended on the basis that it could not foresee such an accident and that the tremor and the box that fell were superseding acts. Will the pedestrian likely survive the store's motion to dismiss pedestrian's lawsuit for damages.

choices

  1. No, the plaintiff clearly assumed the risk by entering a dangerous loading/unloading area.
  2. No, because the plaintiff in effect became a trespasser when he walked into a dangerous loading/unloading area.
  3. Yes, because the plaintiff pedestrian had a right to be where he was and there were no signs telling him otherwise.
  4. Yes, because the chain of causation was generally foreseeable in that it was a logical consequence of a truckload of appliances falling violently onto the road.

subject

professional_law

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Source and history

task_id
5ba7d9e2-45f1-5742-a5db-290bb2d52e43
task_key
all--test--5ba7d9e2-45f1-5742-a5db-290bb2d52e43
task_revision_id
1
config / split
all / test

Official source

initial import