Crucial Exams

Multistate Bar Examination Practice Question

Alex negligently leaves a heavy box precariously stacked on a shelf in a grocery store. During a busy afternoon, a customer accidentally knocks the shelf, causing the box to fall and injure another customer. Additionally, the store's security camera was malfunctioning, but it did not record the incident. Which of the following best describes the relationship between Alex's negligence and the injured customer's harm under the 'but for and substantial causes' analysis?

  • Alex's negligence was a but for cause of the injury because the harm would not have occurred without the negligent stacking of the box.

  • Alex's negligence was not a but for cause because the malfunctioning camera was also a contributing factor.

  • Both Alex's negligence and the camera malfunction were joint and several causes of the injury.

  • The malfunctioning camera was a substantial cause of the injury, independent of Alex's actions.

Multistate Bar Examination
Torts
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