Crucial Exams

Multistate Bar Examination Practice Question

Martinez, a licensed electrician, has a diagnosed hand tremor. She routinely uses specially designed stabilizing tools and other precautions to compensate for the tremor when performing wiring work. During a residential installation a client is accidentally shocked and sues Martinez for negligence.

Applying the reasonably prudent person standard, how should Martinez's physical impairment be taken into account in deciding whether she breached her duty of care?

  • The mere fact that she has a tremor constitutes negligence per se whenever an electrical injury occurs.

  • It is irrelevant; she is judged by the care required of an ordinary electrician without a tremor.

  • The tremor automatically excuses any inadvertent mistake that leads to injury because she cannot fully control it.

  • She must exercise the care that a reasonably prudent electrician with a similar tremor would use, including appropriate safety precautions.

Multistate Bar Examination
Torts
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