[Chewer] Naomie Lives in a State That Has a Statute

question 35

Multiple Choice

[Chewer] Naomie lives in a state that has a statute prohibiting dogs from running at large. The statute's purpose is to protect neighbors of dog owners from potential injury or property damage. All dogs are required to be on a leash whenever they are off the owner's premises. Naomie's dog, while not on a leash, gets out of her backyard and goes next door to Pavel's house. Pavel left his gym bag on his back porch, and the dog chews up the bag and all its contents, including Pavel's gym shoes. Another neighbor sees the whole thing happen and informs Pavel. Pavel knows that this isn't the first time the dog has gotten loose and destroyed property, and Naomie has done nothing to warn anyone or prevent the dog from getting loose.
-Which theory will Pavel likely rely on to seek recovery from Naomie for his damaged personal property?

• A) None, the damage was to personal property not to real property
• B) Res ipsa loquitur
• C) Negligence to property
• D) Negligence per se
• E) Dram shop doctrine

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Definitions:

DOT 3

A type of brake fluid specified by the Department of Transportation, characterized by its boiling point and chemical composition suitable for standard braking systems.

Rubber Master Cylinder Cap Seal

A rubber seal located on the cap of a master cylinder in a hydraulic system, designed to prevent leakage of brake fluid and contamination from entering.

Brake Fluid Contamination

Occurs when unwanted substances enter the brake fluid, potentially causing brake system failure or reduced performance.

Fluid Overheating

A condition where a vehicle's fluid, such as oil or coolant, exceeds its normal operating temperature, potentially leading to damage or system failure.