Multistate Bar Examination Practice Question

A driver negligently collides with a utility pole, knocking out power to the surrounding neighborhood. Several hours later, a pedestrian walking along a nearby sidewalk trips in the darkness created by the outage and is injured. The pedestrian sues the driver for negligence. Is the driver likely to be held liable for the pedestrian's injuries?

  • No, because maintaining sidewalk lighting during outages is solely the municipality's responsibility.

  • No, because the power outage was an unforeseeable intervening event that superseded the driver's negligence.

  • Yes, because the risk that someone would be injured while walking in darkness is a foreseeable consequence of the driver's negligence.

  • Yes, but only if the pedestrian can also prove that the sidewalk was defectively maintained.

Multistate Bar Examination
Torts
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