You are at an ice skating rink and see kids of all ages speeding around. Some are better than others, but other than the usual minor spills, everyone seems to be having a good time and in no real danger. However, you notice that there is a wall around the rink, about three feet high, made of a hard unyielding material. You think this could pose a danger to the children.

Approaching the rink manager, you ask, "Why don't you hang some mats on the inside of the wall? One of the kids could hit it and get really injured." The manager says: "Well, that hasn't happened in 17 years."

The next day, a kid goes flying into the wall and suffers a broken arm.

Identify the factors that a "reasonable person" would consider when confronted with this issue and how that person might consider them.

If you were arguing these factors in front of a jury, which party do you think has the stronger argument?