Question
Jimmy arrived at his favorite fast-food restaurant intending to purchase lunch. When Jimmy entered the building he accidentally bumped into Zach, causing some of Zachs
Jimmy arrived at his favorite fast-food restaurant intending to purchase lunch. When Jimmy entered the building he accidentally bumped into Zach, causing some of Zachs drink to spill on the floor. The collision was not observed by any restaurant employees.
Jimmy proceeded to order his food.
About one minute later, another customer Beth entered, slipped on the wet floor and sustained a broken wrist from the fall, which necessitated a surgical operation.
Arguing that the restaurant was negligent in protecting patrons from dangers, Beth sued the restaurant in tort.
Will Beth likely succeed in his cause of action?
A. | No, because the customers true claim is against Jimmy who caused the drink to spill. | |
B. | No, because the restaurant did not breach any duty owed to the customer. | |
C. | Yes, because the restaurant is vicariously liable for the torts of its patrons. | |
D. | Yes, because the restaurant breached its duty to inspect the premises and warn of the dangerous condition or make it safe. |
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