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Andy Kim was quietly having a drink at the Casey's Tavern when he was suddenly, and without warning, attacked by Red Nekk, who was clearly
Andy Kim was quietly having a drink at the Casey's Tavern when he was suddenly, and without warning, attacked by Red Nekk, who was clearly intoxicated. Red is somewhat notorious around Casey's; he gets thrown out about once a week for starting fights and being generally disruptive. Casey's has a reputation as a rough place, and Andy knows that. On other occasions when he's been there, there have been two bouncers, so he's felt safe. Unfortunately, they were both breaking up another fight when he was hit by Red. Andy received a broken arm as a result of the incident, and he sues Casey's on the basis of occupier's liability. Which of the following is true? There was nothing the defendant could have done in the circumstances to protect Andy from an attack. The defendant took reasonable care to protect its patrons by employing two bouncers. O Andy voluntarily assumed the risk of an assault when he went to a place like Casey's. The defendant had no duty to protect Andy from attack by anyone. O Casey's Tavern should have barred Red from the premises, given his history
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