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MMLU / While shopping at a mall, a woman suffered injuries when an escalator…

Problem

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question

While shopping at a mall, a woman suffered injuries when an escalator malfunctioned, crushing her foot. The woman brings suit against the mall. At trial, she calls another shopper to testif' that he rode the same escalator just moments before the woman's accident and had to jump in the air at the last minute to avoid getting his foot crushed in the escalator. This testimony is

choices

  1. inadmissible, because it is irrelevant.
  2. inadmissible, because it is not known whether the other shopper the woman was exercising reasonable care in riding the escalator.
  3. admissible, because it tends to prove that a dangerous condition was present at the time the woman's foot was crushed in the escalator.
  4. admissible, because of its probative value in establishing that the woman's injury was caused by the malfunctioning escalator.

subject

professional_law

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