Crucial Exams

Multistate Bar Examination Practice Question

A construction worker is operating a crane near a busy intersection when the crane's arm unexpectedly malfunctions and drops a heavy beam. The beam crashes through the roof of a passing car, causing serious injuries to the driver. Subsequent investigation reveals that the crane's malfunction was caused by both a defect in its design by the manufacturer and improper maintenance by the construction company. Which factor is the BEST explanation for determining whether the manufacturer is liable for the driver's injuries?

  • Whether the manufacturer provided warnings about risks associated with crane operation.

  • Whether the design defect contributed to the crane's failure.

  • Whether the accident could have been anticipated based on the crane's operating environment.

  • Whether the construction company’s maintenance practices caused the accident.

Multistate Bar Examination
Torts
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