Bar Exam — MBE (Multistate Bar Exam)TortsMedium
A pedestrian was walking on a public sidewalk when a poorly maintained awning from a commercial building detached and fell, striking and injuring her. The building owner had been aware for several months that the awning was corroded and unstable but had repeatedly postponed repairs. Which element of negligence will be easiest for the pedestrian to establish against the building owner?
- ABreach of duty
- BDamages
- CCausation (actual cause)
- DDuty of care
Show answer & explanationAnswer & explanation
Correct answer: A. Breach of duty
The building owner's awareness of the corroded and unstable awning, combined with their failure to repair it, clearly demonstrates a breach of their duty to maintain the premises safely. This direct evidence makes establishing breach of duty relatively straightforward.
Why the other options are wrong
- B. Damages would need to be proven, but proving the owner's fault (breach) is the critical hurdle for liability, and here it's well-supported.
- C. Actual cause (but-for) would need to be established, but the owner's knowledge and inaction make the 'breach' element particularly strong and easy to prove.
- D. While a duty of care exists for property owners to pedestrians, the specific evidence of knowing neglect makes 'breach' the most easily established element.
Breach of Duty
A failure to conform to the required standard of care.
- Standard of care is typically that of a reasonably prudent person.
- Can be established by direct evidence, circumstantial evidence, or negligence per se.
- Involves comparing defendant's conduct to the standard.
Memory trick: Don't Break Your Cause For Damages.