An eight-year-old girl went to the grocery store with her mother. The girl pushed the grocery cart while her mother put items into it. The girl's mother remained near her at all times. The plaintiff, another customer in the store, noticed the girl pushing the cart in a manner that caused the plaintiff no concern. A short time later, the cart the girl was pushing struck the plaintiff in the knee, inflicting serious injury. If the plaintiff brings an action, based on negligence, against the girl, which of the following will be her best argument in defense?
A. Yes, if the girl was negligent.
B. Yes, because the girl's mother is responsible for any harm caused by the girl.
C. Yes, because the girl's mother assumed the risk of her child's actions.
D. Yes, if the girl's mother did not adequately supervise the girl's actions.

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Answer:

the answer is C. because the mother did not push the cart but was near her daughter all times,  the mother DID supervise her but the girl was pushing the cart and she DID crash but she wasn't planning to crash so the girl wasn't fully negligent but the mother was kinda responsible so that leaves the only option that still stands is C.

Yes, since the girl's mother accepted responsibility for her child's behavior. A further explanation is below.

  • The mother didn't pressure this same vehicle but remained close to her daughter throughout all circumstances; the mother DID watch her, but the child must have been moving the cart as well as she DID crash, even though she had no intention of doing so.
  • Therefore the daughter was not completely careless, however, the mother was partly to blame, therefore the only alternative which thus remains is choice C.

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