Practice question
A custodian learns that an unsecured heavy display is likely to fall onto visitors and has a safe, feasible way to secure it, but does nothing. The display falls for that reason and injures a visitor. Can the custodian establish due care merely by saying that accidents happen?
- No, the established avoidable omission must be assessed against the required precautions
- Yes, the word accident conclusively proves diligence
- Yes, unless the visitor demanded repairs first in every case
- No, because every custodian is strictly liable without fault
- Yes, if the display is attractive
Legal references
- Civil Code Articles 1173, 2176, 2178 and 2180: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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