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Suppose a lawyer makes the following argument. The plaintiff, who was injured on a loose stair while exiting a clothing store, should be awarded damages.
Suppose a lawyer makes the following argument. The plaintiff, who was injured on a loose stair while exiting a clothing store, should be awarded damages. This is because in an earlier case, the same court ruled that a plaintiff who was injured by a loose floorboard in a restaurant was entitled to damages because the restaurant had been negligent in maintaining its floor. Which of the following facts would most weaken the argument?
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The establishment in the earlier case was a restaurant, whereas the establishment in the present case is a clothing store.
The plaintiff in the present case had unknowingly kicked the stair loose in anger after a dispute with a salesperson before exiting the store.
The establishment in the earlier case had just passed a safety inspection the previous week, whereas the establishment in the present case did not do safety inspections at all.
The plaintiff in the present case suffered a more severe injury than the plaintiff in the earlier case.
The stair and the floorboard were both made of wood.
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