Escobar, a college student, sustained injuries when he fell from a fourth-story window of the Mark Tower

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Escobar, a college student, sustained injuries when he fell from a fourth-story window of the Mark Tower residence hall at the University of Southern California (USC). Before he fell, he had been sleeping on a bed that was placed against a window in Mark Tower. Escobar’s friends had taken him to this residence hall so that he could sleep off the effects of excessive alcohol consumption. Escobar sued USC, alleging that the residence hall was dangerous and that USC had a duty to make the facility safe. USC sought to have the lawsuit dismissed because the fall was caused by Escobar’s gross consumption of alcohol. Escobar contested USC’s claim, alleging that his fall was caused by a dangerous condition in the residence hall. Specifically, when the university redesigned rooms in 1996, it created a dangerous condition by removing permanently affixed desks, which had prevented beds from being placed against the window. The university should have considered what its redesign would do to furniture arrangement and how new arrangements might place students at risk. Will Escobar get to go forward with his claim?

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Dynamic Business Law

ISBN: 9781260247893

5th Edition

Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs

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