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Teresa Tenant lives in a beautiful apartment in the Funk Zone. The apartment building owner is a California company called Deacons Developments, Inc. Deacon

 

Teresa Tenant lives in a beautiful apartment in the Funk Zone. The apartment building owner is a California company called Deacons Developments, Inc. Deacon is responsible for all apartment building maintenance and is a large company which owns 30 apartment buildings in California. Recently, Deacon has cut its budget, including firing its cleaning staff and security guards. Since this action, there have been incidents in the hallways of Teresa's apartment, including vandalism and broken glass. Deacon put up cameras to catch people vandalizing, but the camera batteries ran out and have not been replaced. All Deacon has done to prevent damages is to put a sign in the hallways and stairwells saying "use at your own risk". On Monday, Teresa was rushing to class when she slipped in a stairwell and sprained her ankle. The reason she slipped was because there was a drink that had been spilled and not cleaned up. In total, Teresa spent $5,000 on doctor's appointments, a pair of crutches, and pain medication. 1. 1. Intro: Which party (Plaintiff or Defendant) is responsible for proving the case? What standard (POE or BRD) does that party have to prove? ( 2. Law: What is the rule for negligence? What are the four elements of negligence? 3. Plaintiff Argument: What is one legal argument that Teresa can make and why? 4. Defendant Argument: What is one legal defense that Deacon can make and why? 5. Conclusion: Is Deacon liable for negligence? Why or why not?

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