Question
Henry Jacobs went to Home Lumber Center where he bought a 12 foot beam weighing 100 pounds. In the lumberyard, a store employee used a
Henry Jacobs went to Home Lumber Center where he bought a 12 foot beam weighing 100 pounds. In the lumberyard, a store employee used a forklift to place the beam in the back of Jacobs' truck. Since the beam stuck out 4 feet, the employee flagged the beam. A sign in the lumberyard stated that it was store policy not to secure loads for customers. Jacobs, who did not get out of the truck or check the load, pulled out into a public street. When he turned, the beam fell off the truck hitting another vehicle. Jacobs sued Home Lumber for negligence. a. Jacobs will lose because the risk of loss passed to him when the beam was loaded into his truck. b. Jacobs will lose because he did not check the load and therefore he was the negligent party. c. Jacobs will win because the Home Lumber employee was negligent when he failed to secure the load, and the disclaimer is unconscionable. d. Jacobs will win because the risk of loss was still on Home Lumber until Jacobs got home.
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