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Liability to Business Invitees

Kim went to Ling's Market to pick up a few items for dinner. It was a rainy, windy day and the wind had blown water through the door of Ling's Market each time the door opened. As Kim entered the store, she slipped and fell in approximately one-half inch of water that had accumulated on the floor. The manager knew of the weather conditions, but he had not posted any sign to warn customers of the water hazard. Kim injured her back because of the fall and sued Ling's for damages. Discuss whether Ling's can be held liable for negligence. Remember to provide citations to support your response.

1. What are the elements of negligence and can Kim prove them?
2. What facts will help Kim prove each element of her negligence claim?
3. What factors do courts consider in determining whether a property owner can be held liable for personal injuries suffered on property, such as in a slip and fall case?
4. Does Ling's have any legal defenses?

Solution Preview

1. What are the elements of negligence and can Kim prove them?
Please understand that the elements of negligence are a duty of care, breach of duty, factual causation, legal causation, and harm. Kim can prove them because Ling has a duty of care to warn customers of water in the store, when Ling failed to warn Kim of the water by not posting any sign to warn customers, there was breach of duty, there was factual causation because Kim fell because of the water in the store, there was legal causation because the water in the store was the reason for the injuries sustained by Kim, and Kim suffered harm (her injury to the spine because of the fall). Each of these elements can be ...

Solution Summary

Five elements of negligence are explained in this response. The answer includes two references used.