Landlord Jones did not replace the broken ladder in the pool of his apartment complex,even though it had been broken for two years and there was a sign posted to indicate that the ladder was broken. Manuel,a tenant of Mr.Jones',is seriously injured by the ladder while trying to exit the pool. Manuel sues Jones. Jones' best legal defense would be:
A)res ipsa loquitur
B)assumption of the risk a reasonable person would get a flashlight or take other precautions
C)Burton did not intend the injury
D)the tenant always has the duty to change the light bulbs

Question

Quizplus · Accepted Answer

The best legal defense for Jones would be assumption of the risk. Manuel, as a tenant, should have known that the ladder was broken and it was a potential hazard. A reasonable person would have taken precautions to avoid any accidents or injuries. Therefore, Jones could argue that Manuel knowingly assumed the risk of using the broken ladder and cannot hold Jones responsible for his injuries.

Landlord Jones Did Not Replace the Broken Ladder in the Pool