Question

Principle: Negligence may be inferred when the incident causing harm is of a kind that ordinarily does not occur without someone’s negligence, the instrumentality or control that caused the harm was under the defendant’s management, and the plaintiff did not contribute to the harm.
Fact: Anita visits a hospital for a routine check-up. While waiting in the lobby, a large ceiling fan suddenly detaches and falls, injuring her shoulder. The hospital authorities claim that the fan had been regularly serviced and no defect was known before the accident.
Applying only the given principle to the fact, is the hospital liable? Select the most appropriate option:

• A. No, because Anita cannot prove which employee was responsible for the fan.
• B. Yes, because a ceiling fan does not ordinarily fall without some negligence in its maintenance.
• C. No, because the hospital claims regular maintenance was carried out.
• D. Yes, but only if Anita can prove that the fan was installed more than five years ago.

Hint:

In negligence principle questions, check if the incident is unusual and under the defendant’s control; if yes, liability can be inferred.

Answer 1

The Correct Option is B

Step 1: Identify the principle — Negligence can be inferred when an incident causing harm ordinarily does not occur without negligence and the instrumentality was under the defendant’s control.
Step 2: Apply to facts — The fan falling is an incident that ordinarily does not occur without negligence, and the fan was under the hospital’s control.
Step 3: Conclusion — According to the principle, the hospital is liable.