Andrew Stahl, a thirteen-year-old boy was riding his bicycle to school on a bicycle

path built and maintained by Metropolitan Dade County. Children regularly use the

path and this was known to the County. The path was made of asphalt and was about

five feet wide. It had never received maintenance and was very bumpy in places where

tree roots had grown underneath. Seeking to avoid one such area, Andrew rode off the

path onto the street running parallel to the bicycle path. He was hit by a car and badly

injured.

Andrew Stahl now sues Metropolitan Dade County for negligence - will he win?

Please discuss! Are all required elements for a negligence suit fulfilled?