Author Question: Kyle was eating clam chowder soup in a restaurant when a very small piece of bone lodged in his ... (Read 127 times)

sammy · **on:** Jun 24, 2018

Kyle was eating clam chowder soup in a restaurant when a very small piece of bone lodged in his throat. Fortunately, he was able to remove the bone with his fingers. However, he was upset by the incident and sued the restaurant for negligence. What is the most likely result in this case?
A)Kyle will not collect any damages since he did not sustain any damages.
B)Kyle will collect damages because the restaurant committed negligence per se.
C)Kyle will collect damages if he proves it was possible to prevent tiny fish bones from being present in clam chowder.
D)Kyle will collect damages, as res ipsa loquitur applies.

Question 2

Kelley went ice skating on a neighbor's pond, but she fell through a thin area into icy waters. Kelley did not have permission to be on the property, and the neighbor did not even know that she was there. Is the neighbor liable for Kelley's injuries?
A)Yes. The neighbor should have posted thin ice notices.
B)No. Kelley was a trespasser and the neighbor can only be held liable for intentionally injuring her or for gross misconduct.
C)It may depend on Kelley's age.
D)Yes, the neighbor is strictly liable.