Next Generation Bar Exam Quiz
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FOUNDATIONAL SKILLS
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Facts: A fire broke out in a warehouse when an employee negligently left a solvent-soaked rag near a space heater. Firefighter Delgado responded. While advancing a hose line, Delgado slipped on water that had pooled on the concrete floor as a result of the firefighting operation and broke his ankle. Delgado sued the warehouse owner, alleging negligent maintenance of the floor.
In Delgado v. City Fire Authority, the court held: 'A landowner owes no duty to a firefighter who is injured by a condition that caused, or was created by, the emergency that summoned the firefighter, unless the landowner acted with reckless disregard for the firefighter's safety. This immunity does not extend to a separate hazard on the premises that predates the emergency and is unrelated to its cause.'
Under Delgado, which statement is correct?
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