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4. Mr. Weinstein slipped and fell on a small patch of ice outside a popular car wash. Mr. Weinstein was late for an appointment and

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4. Mr. Weinstein slipped and fell on a small patch of ice outside a popular car wash. Mr. Weinstein was late for an appointment and was walking somewhat faster than usual just prior to taking the tumble. Ms. Smith, the owner of the car wash, was proud of the 10-year safety record she had established up until this point. She attributes this safety record to being acutely aware of the problems ice causes in winter when wet vehicles exit the car wash, leaving puddles in their wake On a related front, Smith also held frequent staff meetings in order to emphasize how important it was to prevent ice formation and to salt the sidewalk according to a very strict schedule. The supervisor on shift when Weinstein fell was adamant that the area had been salted prior to the incident. He also conducted an inspection of the area immediately after the fall and found only a very small patch of ice had been missed. Is Smith liable? Is Weinstein contributorily negligent? ( 6 Marks)

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