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Question
A van from Mario's Squibb Company is damaged by a heavy metal keg, which rolls out of the second floor window of the two storied Toss-Co. Flower building. Toss-Co. Flower is the sole occupant of the building. Although the van was parked under the window while making a delivery at the Toss Co. receiving dock, no one admits to having seen the keg fall, nor are there any witnesses who can state where the keg was just before the accident. Can Mario recover against Toss-Co. for negligence?
A. Mario can recover, but only if it proves in detail how Toss-Co. breached its duty of reasonable care to Mario.
B. Mario can recover if it can prove that kegs do not fall out of windows in the absence of negligence and that Toss-Co. had exclusive control of the keg prior to the accident.
C. Mario will be unable to recover because parking under an open second floor window amounted to contributory negligence.
D. Mario will be unable to recover because parking under an open second floor window amounted to assumption of risk.
Answer
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