Question

A cyclist was riding on a sidewalk when someone in a parked car suddenly opened the door of the car into her path. she swerved to avoid the car door and rode onto a landowner's property, damaging some plastic lawn ornaments of waterfowl placed in his front yard. in a suit by the landowner against the cyclist for the damage to his lawn ornaments, what is the likely result?
a) the cyclist is liable because she had no privilege to enter onto the landowner's property.
b) whether the cyclist is liable depends on whether she was exercising due care.
c) the cyclist is liable for the damage to the lawn ornaments even though her entry was privileged.
d) the cyclist is not liable for the damage to the lawn ornaments because her entry was privileged.

Answer 1

Answer:

The correct option is C: The cyclist is liable for the damage to the lawn ornaments even though her entry was privileged.

Explanation:

It is clear that the cyclist may not have had the right to enter the front yard of the landowner, less destroy her ornament, they would still be held liable by the court for the damage done to the lawn ornament even if the cyclist was privileged. The court also did not know what caused the accident and the cyclist cannot prove that she didn't break the ornament, because obviously, she did.