Crucial Exams

Multistate Bar Examination Practice Question

A patron was attending a concert when a fire broke out due to faulty electrical wiring, which the venue owner had negligently failed to maintain. As firefighters were responding, unusually heavy rain caused their truck to slide off the road, significantly delaying their arrival. The stress of the situation exacerbated the patron's pre-existing but previously unknown heart condition, leading to a heart attack. The patron sued the venue owner for all resulting injuries. Is the patron likely to prevail?

  • No, because the patron's heart attack was not a foreseeable type of harm from negligent wiring.

  • No, because the delay caused by the heavy rain was an unforeseeable, superseding event that cuts off the owner's liability.

  • Yes, because the owner's negligence was a substantial factor in the patron's injuries, and the full extent of the harm is recoverable under the eggshell-plaintiff rule.

  • Yes, but the owner's liability will be reduced because the patron's pre-existing condition contributed to the severity of the injury.

Multistate Bar Examination
Torts
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