Question

Martin works as a pizza delivery person.He parks his bike outside Regalia Inc.to deliver an order.Meanwhile,a damaged book rack in Regalia,which is situated on the first floor of the building,falls down through an open window and crashes on his bike.However,no one admits to having seen the rack fall.Can Martin recover against Regalia for negligence?

A) Martin can recover only if he finds a witness who saw the book rack crashing on the bike.
B) Martin can recover if he can prove that book racks do not fall out of windows in the absence of negligence and that Regalia Inc. had exclusive control of the rack prior to the fall.
C) Martin will be unable to recover because parking under an open floor window amounts to contributory negligence and he is therefore liable for the accident too.
D) Martin will be unable to recover because parking under an open window amounts to assumption of risk.

Answer 1

B) Martin can recover if he can prove that book racks do not fall out of windows in the absence of negligence and that Regalia Inc. had exclusive control of the rack prior to the fall.

Step-by-step explanation:

Negligence is defined as a situation where a person does not take due care and conduct oneself like a reasonable person in a given circumstance.

When a defendant is negligent he will be held responsible for damage that results from his negligence.

In this scenario Martin's parked his bike and makes a delivery, meanwhile a book rack falls on his bike.

Martin's can only recover against Regalia if he proves that he was not negligent in any way, and that Regalia had control of the rack before the fall.

For example if Martins did not park his bike in a designated parking spot, he can be seen to be negligent. In that case he will not be able to recover against Regalia.