David Rose and his sister Alexa attended the opening night of the Columbia Stingrays ice hockey game at the Apiothecary Areria. At the Apothecary Arena, there are advertisements for Rose Video Store painted on the riser of every step leading to the seats. The stairs are free from obstruction and Well lit. Sutting in ViP seats, David and Alexa were given unlimited food and drink, including alcoholic beverapes. By the end of the game, David was intoxicated (well above the legal limit foc consumption) and leaving the arena, tripped down the arena staies sustaining a broken arm, a broken leg and several broken ribs. While in the hosplal recovering. David decides to swe the Apothecary Arena for negligence, David claims that he was distracted by the athertisements on the stairs. causing him to trip and fall.

As legal counsel to the atena, assess the likelihood of success for David's lawsuit. (Hint: what are the elements of negligence? How do they apply here? Are there any defenses?