George Is Riding His Skateboard Down the Street While Listening

Multiple Choice

George is riding his skateboard down the street while listening to music with earbuds in. George does not see Martha, a store owner, who is putting flowers out in front of her store. He looks up just in time and swerves to miss Martha but knocks her flower display down, shattering it to pieces. Is he liable?

A) No, Martha was not injured.
B) No, because property is not a compensable loss.
C) No, Martha had a duty not to be on the sidewalk.
D) Yes, Martha suffered a compensable loss.
E) Yes, because George had the intention of being on the sidewalk which is always a breach of his duty of care.