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MMLU / An elderly married couple was shopping in a crowded retail store. The husband…

Problem

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

question

An elderly married couple was shopping in a crowded retail store. The husband was several feet ahead of his wife when she saw him slip and lose his balance. He was able to prevent a fall by holding onto a counter. Wife saw something sticky on a wide part of the floor but became disoriented by seeing her husband slipping and gripping the counter. With other shoppers behind her, she stepped forward and fell on the wet floor, breaking her hip, and requiring extensive complicated surgeries. She sued the store for negligent maintenance. She proved through discovery that the retailer did not clean the mess soon enough and did not put up a warning sign. The store filed a motion for summary judgment pursuant to Fed.R.Civ.P. 56, alleging that the wife voluntarily assumed the risk as a matter of law. The trial court agreed, ruling there was no issue of material fact in dispute for the jury to decide. On appeal, is it likely that the appellate court will reverse and remand for a new trial?

choices

  1. No, because wife proceeded to encounter a known danger voluntarily, thereby assuming the risk of injury as a matter of law and there were no material issues of fact for a jury to decide.
  2. No, because even taking the facts in the light most favorable to the non-moving party under Rule 56, it is nonetheless clear that she knew there was a danger and she accepted the risk.
  3. Yes, because there is evidence that raises a material issue of fact whether the wife was in an emergency where she did not have time to deliberate on whether to move forward.
  4. Yes, because the store was strictly liable to the wife, who was a customer invited on the premises to do business and the store had to protect her.

subject

professional_law

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Source and history

task_id
cefae9a6-d2b2-5ac6-8627-25116b60fc8f
task_key
all--test--cefae9a6-d2b2-5ac6-8627-25116b60fc8f
task_revision_id
1
config / split
all / test

Official source

initial import