Multistate Bar Examination Practice Question

A homeowner hired a professional tree-trimming service to cut down a large tree on her property. While performing the work, an employee of the tree-trimming service negligently caused a heavy branch to fall onto a neighbor's car, causing significant damage. The neighbor files a lawsuit against the homeowner, claiming she is liable for the actions of the tree-trimming service's employee. Under what circumstances might the homeowner be held liable for the damage caused by the employee?

  • If removing the tree is considered an activity requiring the homeowner to take precautions due to the significant risks involved.

  • If the homeowner failed to anticipate the risks of property damage to the neighbor’s vehicle during the tree-cutting process.

  • If the homeowner was not directly involved in supervising the contractor's employees and left the execution of the work to the service.

  • If the homeowner provided guidance to the contractor on general safety practices for performing the work.

Multistate Bar Examination
Torts
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