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A shopper was riding on an up escalator in a department store when the escalator stopped abruptly. The shopper lost her balance and fell down the escalator steps, sustaining injuries. Although the escalator had been regularly maintained by an independent contractor, the store's obligation to provide safe conditions for its invitees was nondelegable. The shopper has brought an action against the store for damages, and the above facts are the only facts in evidence.

The store has moved for a directed verdict. Should the court grant the motion?

(A) No, because the finder of fact could infer that the escalator malfunction was due to negligence.
(B) No, because the store is strictly liable for the shopper's injuries.
(C) Yes, because an independent contractor maintained the escalator.
(D) Yes, because the shopper has not produced evidence of negligence.


Sagot :

Answer:

The answer is A

Explanation:

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