Crucial Exams

Multistate Bar Examination Practice Question

A pedestrian was walking on the sidewalk in front of a multi-story hotel when they were struck by a heavy planter that fell from the hotel’s balcony above. The pedestrian filed a negligence lawsuit against the hotel. There is no direct evidence showing how the planter came to fall. Which of the following is the strongest argument for the pedestrian invoking res ipsa loquitur to establish negligence?

  • The falling of the planter demonstrates negligence because it resulted in injury to the pedestrian.

  • The planter fell from a balcony, and such accidents do not occur without negligent acts.

  • The planter was located on the hotel's premises, and the hotel was responsible for managing and maintaining the items on its property.

  • The pedestrian was struck by a planter, and the hotel failed to provide evidence disproving its involvement in the planter’s fall.

Multistate Bar Examination
Torts
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