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 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 liable if the pedestrian proves the injury would not have occurred but for the elevator operator's negligence.

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

  • 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
Torts
Your Score:
Settings & Objectives
Random Mixed
Questions are selected randomly from all chosen topics, with a preference for those you haven’t seen before. You may see several questions from the same objective or domain in a row.
Rotate by Objective
Questions cycle through each objective or domain in turn, helping you avoid long streaks of questions from the same area. You may see some repeat questions, but the distribution will be more balanced across topics.

Check or uncheck an objective to set which questions you will receive.

Bash, the Crucial Exams Chat Bot
AI Bot