Question
Saint Agnes Roberts was celebrating her 25th birthday on Friday evening, September 25, 2015 at Srimati's South Indian Restaurant.After eating and drinking heartily with her
Saint Agnes Roberts was celebrating her 25th birthday on Friday evening, September 25, 2015 at Srimati's South Indian Restaurant.After eating and drinking heartily with her friends, Roberts was satisfied, exhausted, and very tipsy.As she was descending the steps to exit the restaurant, Robert's Birkin handbag got entangled on the handrail.She didn't stop but instead attempted to yank the handbag and continue to descend the stairs.Suddenly, the handrail gave way and she fell several feet to the ground.As a crowd formed, Kamala Owner, the owner of the restaurant, ran out of the kitchen to see what was going on.
As Owner examined the scene, her worst fears had come true.Two things were clearly broken:Roberts's leg and the handrail that lay next to her.Owner had cause for concern because a patron had reported to her an hour before that the handrail was shaky.Owner had immediately called the repairperson, who was planning to come "first thing tomorrow morning."
Owner instructed one of her employees to call an ambulance and told Roberts, "We will pay for the ambulance and hospital expenses incurred as a result of the fall and reimburse you for your expenses at the restaurant this evening."Roberts shouted in between her screams of pain, "Can you put that in writing, please??!!"While they were waiting for the ambulance, Owner went to her office and printed out the following on the restaurant's letterhead:
Srimati's South Indian Restaurant
September 25, 2015
This is a binding contract between Srimati's South Indian Restaurant and Ms. Saint Agnes Roberts, who fell outside the restaurant on September 25, 2020. Srimati's South Indian Restaurant acknowledges responsibility for Ms. Roberts's fall and, accordingly, Srimati's promises to reimburse Ms. Roberts for all of her expenses at the restaurant this evening.
Srimati's South Indian Restaurant, in return, hopes that Ms. Roberts will continue to patronize our dining establishment.We are sorry for any inconvenience that we have caused.
Signed: Kamala Owner and Saint Agnes Roberts
Roberts hurriedly signed the document without reading it carefully and shouted as she was being helped into the ambulance, "I accept. All of my hospital expenses, right?"Owner only smiled as she returned to the job of attending to her other customers.
After staying in the hospital for a few days because of complications that resulted from the fall, Roberts was released.Months have passed and Srimati's South Indian Restaurant has refused to pay her anything. Roberts properly brings suit against the restaurant in Washington, D.C., which has a contributory negligence statute.
What precisely, if anything, can Roberts recover from Srimati's South Indian Restaurant (which is owned fully by Kamala Owner)? Explain and discuss fully all pertinent legal issues. Reach a definite conclusion and provide legal reasoning.
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