(TCO C) An escalator in a very popular and busy shopping center,
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(TCO C) An escalator in a very popular and busy shopping
center, had a Red Emergency Stop Button on the inside of the elevator
wall about 3 feet above the floor. There was no protective cap over the
stop bottom. With a crowd of customers on the escalator, a 4 year-old
little boy hit the Red Emergency Stop Button, and the escalator stopped
immediately. A total of fifteen customers fell with the sudden stop,
and seven suffered serious injuries. The injured parties filed law
suits against the shopping center, and the shopping center enjoined the
manufacturer of the escalator. Assume the role of the judge in this
case. Do you think the injured parties can recover for their injuries?
Which of the defendants do you think will be held liable for said
injuries, and what will be the basis for the recoverable injuries? What
is the basic legal question of liability in this case?
(Points : 30)
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