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MMLU / A woman and her 4-year-old son were Christmas shopping at a toy store. The toy…

Problem

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question

A woman and her 4-year-old son were Christmas shopping at a toy store. The toy store sells a complete array of toys, games, dolls, hobbies, and crafts. The items were displayed on a variety of tables and shelves, which were easily accessible to the customers. While the woman was walking down one of the aisles, her attention became focused on a doll that was prominently exhibited on an overhead display shelf. When the woman approached the doll display, she reached up to grab the doll. As she did so, the woman failed to see a baseball lying on the floor. She tripped over the baseball and fell down, fracturing her hip. If the woman asserts a claim against the toy store for her injuries, will the doctrine of res ipsa loquitur apply on the issue of whether the toy store was negligent and responsible for the baseball being on the floor?

choices

  1. Yes, because the woman was a business invitee on the premises of the toy store.
  2. Yes, because the toy store was in control of the premises at the time of the accident.
  3. No, because another customer may have caused the baseball to be on the floor.
  4. No, because the baseball was an intervening act that cuts off the toy store's liability.

subject

professional_law

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