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105. If the friend sues to recover for her injury, who is likely to be found liable to her?
The contractor loosened the boards and left them in place while he went out for lunch. While the contractor was away, a friend of the homeowner's stepped onto the porch to return a borrowed rake. As the friend crossed the porch, the loosened boards shifted and the friend fell, breaking her leg.
A homeowner hired a building contractor to rebuild her front porch. The contractor told her that he planned to first rip out the old floorboards and pile them in the front yard. Because she thought that would look unsightly, the homeowner insisted that the contractor loosen each board individually and leave them all in place until he was ready to start replacing them with new boards.
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Here, the homeowner instructed the contractor to loosen the boards, which contributed to the danger that caused the friend's injury. Therefore, there is a basis for imposing liability on the homeowner. Meanwhile, the contractor is likely to be held liable for the friend's injury under ordinary negligence principles due to his failure to warn of the hidden danger posed by the seemingly safe porch floor.
B is incorrect. Although this answer choice accurately states that the friend is a licensee, it is incorrect because both the homeowner and the contractor are likely to be found liable for the friend's injury.
C is incorrect. The contractor is likely to be found liable under ordinary negligence principles for failure to warn of a hidden danger that resulted in the friend's injury. However, the homeowner is also likely to be found liable since the homeowner directly influenced the manner in which the contractor performed his work, thereby contributing to the creation of the danger that resulted in the friend's injury.
D is incorrect. Both the homeowner and the contractor are likely to be held liable for the friend's injuries. The contractor is likely to be found liable since he loosened the boards, creating the danger, and negligently failed to warn of that danger.