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MMLU / A young boy and a young girl were playing with a football on the sidewalk next…

Problem

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question

A young boy and a young girl were playing with a football on the sidewalk next to a street. They were laughing as they pushed and pulled each other, trying to get the ball and keep it away from each other. Just as a car approached on the street, the girl lost her balance and fell off the sidewalk and into the street. The driver of the car tried to swerve to avoid her, but ran over her leg. The girl suffered a broken leg. If the girl's parents assert a claim on her behalf against the driver to recover damages for her injuries, they will most likely

choices

  1. prevail, unless the driver was driving his vehicle within the posted speed limit.
  2. prevail, unless the girl fell because the boy negligently pushed her toward the street.
  3. not prevail, unless the driver was driving negligently when the accident occurred.
  4. not prevail, unless the driver had the last clear chance to avoid the accident

subject

professional_law

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Source and history

Official source

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