Did the plaintiff assume the risk?

1. Did the restaurant breach its duty? 2. Did the plaintiff assume the risk? 3. Business liability to customers for negligence has greatly expanded over the last 30-40 years. Please consider, for example, liability for burns caused by hot coffee. Is the expansion of liability for negligence, regarding business customers, good public policy? A Mexican restaurant in Tallahassee, Florida, is being sued by Kimberly Boon who claimed she fell off of El Jalisco's donkey statue. Usually a game for after-meal selfies, Ms. Boon alleged the statuesque burro unexpectedly injured her; she said she mounted the life-size statue to have her photo taken, slipped off the back of the burro, and fractured her spine. The civil complaint contends the restaurant encouraged customers to climb on the statue which, without a ladder, step or stair to assist and without a saddle on the slick surface, created a safety hazard. El Jalisco, the complaint says, was negligent in creating the hazard without adequate safety features or determining the slick surface was dangerous. Meanwhile, others are speaking up for the attraction that is popular with both children and adult patrons. Worried fans created a "For the Donkey" Facebook page as news of the lawsuit galloped through Tallahassee on Tuesday