Question: Aberforth's shoulder is very sensitive due to a recent shoulder replacement surgery. As he walks down the sidewalk, he notices Anand walking toward him, not
Aberforth's shoulder is very sensitive due to a recent shoulder replacement surgery. As he walks down the sidewalk, he notices Anand walking toward him, not paying any attention to where he's going. Aberforth is so annoyed when people don't pay attention to where they're walking that he stands his ground and allows Anand to collide with his shoulder, causing it to be injured. If Aberforth sues Anand for negligently injuring his shoulder, who will win?
Aberforth will win because Anand owed a duty of care, which he breached, thereby causing harm to Aberforth.
Anand will win because Aberforth assumed the risk of the collision.
Anand will win because the danger invites rescue doctrine will relieve him of liability.
Aberforth will win because Anand assumed the risk of the collision.
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