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110. If the action proceeds to trial, which of the following would be an appropriate (paraphrased) instruction for the court to give to the jury?
The man has sued the owner of the beach house for negligence. The jurisdiction recognizes the traditional common law defense of assumption of risk.
Although he recognized the danger of descending an unfamiliar staircase in darkness, the man started down the stairs. He lost his footing halfway down, fell, and was seriously injured.
A man rented a beach house for a weeklong vacation. On the day he arrived, just after sunset, he took his bag upstairs to a second-floor bedroom and unpacked. As he was about to head back downstairs, he realized that the stairwell had become too dark to navigate without a light. The man spent about 30 seconds feeling the walls at the top of the stairwell but could not find a light switch. In fact, the switch was located in an awkward position not reachable without descending to the second step.
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A is incorrect. The question states that the jurisdiction recognizes the traditional rule for assumption of risk, which is a complete defense. Under the traditional rule, the assignment of a percentage of responsibility does not apply.
C is incorrect. The man's status as a licensee is not relevant to whether he assumed the risk of falling down the stairs.
D is incorrect. The question is not about what damages the man might recover but whether he assumed the risk of falling down the stairs and thereby rendered the owner not liable for his injuries.