6-2. Liability to Business Invitees. Kim went to Ling\'s Market to pick up a few

Question

6-2. Liability to Business Invitees. Kim went to Ling's Market to pick up a few items for dinner. It was a stormy day, and the wind had blown water through the market's door each time it opened. As Kim entered through the door, she slipped and fell in the rainwater that had accumulated on the floor. The manager knew of the weather conditions but had not posted any sign to warn customers of the water hazard. Kim injured her back as a result of the fall and sued Ling's for damages. Can Ling's be held liable for negligence? Discuss. (See Unintentional Torts- Negligence.)

Explanation / Answer

Yes, The manager Ling will be held liable, Because he knew about the weather condition , But he has not posted any sign to warn the customer about the water hazard. Kim was the business invitee, It is the duty of business owner (Ling) to take care of their business invitees, It is Lings responsibility to use ordinary care in order to keep the customers safety and warn them of any foreseeable hazards. Since the owner knew about the hazard and he did nothing to avoid that the court will find that manager Ling to be responsible for the Kim's damage and everything happened because of his negligence.

In Order to succeed in the negligence action , Kim should prove the manager owe the duty of care and he breached the duty of the care and caused damage.In this case the owner owed a duty of care, because he was well aware that water was accumulating near the door. But he did not taken care of the issue and also he did not put any warn sign. this would not have happened if the manager had put some sing up or the issue definitely not have occurred if the water was cleaned up.

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