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#T3BE 256 - Full Question Text for Patrons (Patreon)

Published:
2021-12-10 05:16:00
Imported:
2022-10

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Quark Twain

I'm thinking D, but it's hard to choose between D and C.

Anonymous

Studying for torts right now and this is throwing me for a loop. D is classic secondary implied assumption of the risk, which would be a total bar to recovery, but most states have done away with this in favor of contributory negligence proportionately meting things out. On the other hand, it’s not a breach to not be able to instantly fix the step, and he warned her, so that sounds like C. So maybe C is the right choice because of either that coming first in the analysis (secondary A of R is an affirmative defense by the plaintiff) or because secondary A of R is not good law most places. The question not mentioning jurisdiction rules on this leans me to pick C. Rough question! I was so sure it was D at first