Bar Exam (US) Torts: Cassie and her four-year-old son, Noah, were Christmas shopping at F.A.O. S...

Question

Cassie and her four-year-old son, Noah, were Christmas shopping at F.A.O. Schwartz Toy Store in midtown Manhattan. F.A.O. Schwartz, which operates one of New York's largest retail toy stores, sells a complete array of toys, games, dolls, hobbies and crafts. The items were displayed on a variety of tables and shelves that were easily accessible to the customers. While Cassie was walking down one of the aisles, her attention became focused on a "Howdy Doody" doll that was prominently exhibited on an overhead display shelf. When Cassie approached the doll display, she reached up to grab the "Howdy Doody" doll. As she did so, Cassie failed to see a "Buffalo Bob" doll lying on the floor. She tripped over the doll and fell down, fracturing her hip.

If Cassie asserts a claim against F.A.O. Schwartz for her injuries, will the doctrine of res ipsa loquitur be applicable on the issue of the toy store's liability?

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    Yes, because Cassie was a business invitee on the premises of the toy store.
  2. B
    Correct Answer
    Yes, because F.A.O. Schwartz was in control of the premises at the time of the accident.
  3. C
    Correct Answer
    No, because the "Buffalo Bob" doll may have been dislodged by another customer.
  4. D
    Correct Answer
    No, unless the "Buffalo Bob" doll had been displayed on the edge of the shelf in a negligent manner by one of F.A.O. Schwartz's employees.
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