Crucial Exams

Multistate Bar Examination Practice Question

A pedestrian was injured when an elevator malfunctioned and fell several floors inside a department store. A subsequent investigation revealed that a defect in the cable system and the elevator operator's negligence in exceeding the weight limit were contributing factors in the accident. If the pedestrian sues the department store for negligence, which of the following explanations of causation best applies to this case?

  • The department store is not liable if the defect in the cable system independently caused the elevator to malfunction.

  • The department store is liable if the pedestrian proves the injury would not have occurred but for the elevator operator's negligence.

  • The department store is liable if the defect in the cable system and the elevator operator's negligence were substantial factors in causing the pedestrian's injury.

  • The department store is not liable if the pedestrian's decision to enter the elevator is considered an assumption of the risk.

Multistate Bar Examination
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