calendar_today Bar Review Question of the Day By Pieper Bar Review

November 06 2024 Question Of The Day


A man proceeded towards the automobile entrance of a car dealership’s service department to inquire about service for his car. Since the service department lacked a street entrance for individuals, both customers and employees walked in through the automobile entrances. While the man was stopped in the doorway making sure that no cars were coming, the entrance’s overhead door descended and struck him in the head, knocking him unconscious and causing permanent brain damage. The door was operated by either a switch in the service manager’s office or one near the door. Three mechanics, the only individuals in the service area when the man entered, all denied touching the switch, as did the service manager, who was in his office. It was subsequently determined that both switches had been working properly, and that all of the mechanisms for moving the door had been in good working order. In a negligence action against the car dealership, is the man likely to prevail?

(A) Yes, because the corporation is strictly liable under the circumstances.

(B) Yes, because an employee of the car dealership was negligent.

(C) No, because the man was a licensee.

(D) No, because the man assumed the risk.



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