Anne Arnie runs a Soda 'n Stuff store in a large strip mall that has only Anne's
Question:
Anne Arnie runs a Soda 'n Stuff store in a large strip mall that has only Anne's store and one other business as tenants. The remaining stores in the strip mall are vacant.
Anne's customers are largely university students who walk or ride their bikes to her store from the neighborhood surrounding the strip mall which is filled with apartments and private dormitories.
The customers who ride park their bikes outside Anne's store while they are inside buying drinks, ice cream, and candy. Neither Anne nor the strip mall provide any kind of rack for the bike riders to lock their bikes while they are inside the store.
In the past 10 months, 30 bikes have been stolen from outside Anne's store.
Most recently, Marc Pioneer had his bicycle stolen from outside of the store. Marc is incensed and wants to sue Anne.
Please answer the following questions and remember to explain how you reached your answer:
a. What is a claim of negligence and what are the elements necessary for a plaintiff to establish a prima facie case?
b. Can an argument really be made that Anne breached a legal duty to Marc and is responsible (i.e. did she have a legal duty)?
In answering this question - if there any court opinions found in the slides or text that impact your decision then please reference and include a discussion of them in your responses.
Expert Answer:
Claim of Negligence and Elements for Establishing Prima Facie CaseA claim of negligence arises when someone fails to exercise reasonable care resultin... View the full answer
