Answer the following questions based on the case study using negligence terminology.

1. Is there an existence of a 'Duty of Care?'

2. If determined that there is a 'Duty of Care' What actions did the hotel take that demonstrated its breach of the duty of care?

3. On what basis will Joe's lawyer present the case?

Case Study :

Every rainy day for the past 6 months a leak has appeared in the Queens front lobby. The staff were used to this common inconvenience and just mopped up the water every hour - they became complacent and did not put up the yellow 'slippery when wet' warning signs.

Joe green, 40 years old (a pilot with air Canada) was a regular guest and had just checked into the Queens hotel. On the way out to dinner Joe green slipped on the puddle in the lobby. Coincidently, the bellman was in the process of pushing the bellman's cart loaded with luggage from a bus tour across the lobby. Joe hit his head on the marble floor. While prone (lying on the floor), the bellman ran over Joe's hand and then smashed the corner of the trolley into Joe's forehead. Joe was transported to the hospital with a broken scapula, a broken hand, a concussion and a terrible gash in his forehead and right eye. The hotel GM went to visit Joe in the hospital and was advised that Joe would be permanently disfigured as the surgeon bungled the eye surgery and the injured eye had to be removed. Joe will never be able to fly planes again and is suing the Queens hotel for 20 million dollars.