MBE Sample – Question 4 - Actual
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MBE Sample - Question 4
A man has four German shepherd dogs that he has trained for guard duty and that he holds for breeding purposes. The man has “Beware of Dogs” signs clearly posted around a fenced-in yard where he keeps the dogs. The man’s next-door neighbor frequently walks past the man’s house and knows about the dogs’ ferocity. One summer day, the neighbor entered the man’s fenced-in yard to retrieve a snow shovel that the man had borrowed during the past winter. The neighbor was attacked by one of the dogs and was severely injured.
In a suit against the man, is the neighbor likely to prevail?
A
No, because the neighbor knew that the man had dangerous dogs in the yard.
B
No, because the neighbor was trespassing when he entered the man’s property.
C
Yes, because the neighbor was an invitee for the purpose of retrieving the shovel.
D
Yes, because the man was engaged in an abnormally dangerous activity.
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