A Mexican restaurant in Tallahassee, Florida, is being sued by Kimberly Bonn who claimed she fell off of El Jalisco's donkey statue. Usually game for after-meal selfies, Ms. Bonn alleged the statuesque burro unexpectedly injured her; she said she mounted the life-size statue to have her photo taken, slipped off the back of the burro, and fractured her spine. The civil complaint contends the restaurant encouraged customers to climb on the statue which, without a ladder, step, or stair to assist and without a saddle on the slick surface, created a safety hazard. El Jalisco, the complaint says, was negligent in creating the hazard without adequate safety features or determining the slick surface was dangerous. Meanwhile, others are speaking up for the attraction that is popular with both children and adult patrons. Worried fans created a "For the Donkey" Facebook page as news of the lawsuit galloped through Tallahassee. Now, answer the following questions: Did the restaurant have a duty in this case? If so, what was its duty? Did the restaurant breach its duty? If so, how was it breached? If not, why not? Explain. Did the plaintiff assume the risk? If so, how did she assume the risk? If not, why not? Please be sure to address the assumption of risk doctrine in your response. Business liability to customers for negligence has greatly expanded over the last 30-40 years. Is the expansion of liability for negligence, regarding business customers, good public policy? Explain.

Answer rating: 100% (QA)

1 Yes the restaurant likely had a duty in this case Establishments that invite customers onto their ... View the full answer