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MMLU / A woman went to a commercial building for a business meeting. After the meeting,…

Problem

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

question

A woman went to a commercial building for a business meeting. After the meeting, she was injured in the building's elevator as it suddenly fell and crashed to the basement from the third floor. She sued the building's owner, but at trial the only evidence she had regarding the issue of negligence was that she was in the elevator when it malfunctioned. Will the trial judge dismiss the case as a matter of law without letting it go to the jury?

choices

  1. Yes, because the injured person always has the affirmative burden of proving negligence.
  2. Yes, because it cannot be presumed that the building owner was negligent.
  3. No, because the elevator was under the owner's exclusive control and accidents of this nature do not ordinarily occur in the absence of negligence.
  4. Yes, because the woman assumed the risk when she decided to use an obviously dangerous instrumentality.

subject

professional_law

Discussion

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Source and history

task_id
bb00f8da-582d-5c79-bf94-988c665ea570
task_key
all--test--bb00f8da-582d-5c79-bf94-988c665ea570
task_revision_id
1
config / split
all / test

Official source

initial import