Johnny Dip, an employee of Imperial Movie Theatres (IMT), was changing a poster in the display case of the movie theatre. He opened the large glass door of the display case and took down the old poster. The door of the display case is clear glassan almost invisible glass designed specifically for movie posters. When the display case door is open, it blocks the only hallway to the theatre. Johnny left the door open and went back to the projection room to get the new poster for the display case. Penelope Cross was talking to her friend and eating popcorn as they walked down the dimly lit hallway to the theatre. She did not notice the open display case door and banged her face on the glass. Penelope's nose was badly broken. She was in the hospital for 2 days. Penelope is a model and missed 2 months of work while her nose healed. Penelope is thinking of suing IMT. On the back of Penelope's ticket, there was a warning stating: "Caution! Theatre lighting may be dim. Proceed carefully as it may be difficult to see obstructions."

a) Outline two possible causes of action that Penelope may have. (2 marks)

b) In a civil action, who has the initial burden of proof? What is the burden of proof in a civil action?