Crucial Exams

Multistate Bar Examination Practice Question

A restaurant owner hired a contractor to remodel the kitchen. During the work, the contractor left several tools scattered on the floor, creating a tripping hazard. Despite noticing the tools, the restaurant owner hurried across the kitchen to retrieve a ringing phone and tripped on one of the tools, breaking their arm. The restaurant owner sued the contractor, claiming negligence. At trial, evidence showed that the restaurant owner was 40% at fault for not avoiding the tools, while the contractor was found to be 60% at fault for carelessly leaving the tools on the floor. The jurisdiction follows a modified comparative negligence rule where a plaintiff may recover damages only if their fault does not exceed 50%. Which of the following best describes the restaurant owner's ability to recover damages?

  • The restaurant owner cannot recover because their fault exceeds the threshold allowed in a modified comparative negligence jurisdiction.

  • The restaurant owner cannot recover damages because they were partially at fault for the accident.

  • The restaurant owner can recover damages because the contractor created the hazardous condition.

  • The restaurant owner can recover damages from the contractor, but the amount will be reduced by 40%.

Multistate Bar Examination
Torts
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