Canvas

$2$ pts

Question $41$

Mandy is in a bar one night and is injured when she falls on paper napkins that are all over the floor. There seems to be a tradition in the bar of throwing up paper napkins into the air whenever a certain Jimmy Buffet song is played. Mandy sues the bar because she believes it was negligent in allowing the paper napkins to be all over the floor.

The bar claims it was obvious that the paper napkins were all over the floor and everyone could "easily, clearly and certainly see them." The bar states no one else fell that night and also alleges that Mandy fell because she had been drinking. Which of the below is correct?

The bar had a duty to warn customers about the napkins on the floor. This does not mean the bar is automatically liable to Mandy for her injuries but that since people will be drinking, etc. the bar needed to post signs, etc. to warn people about the hazard.

The bar had no duty to Mandy and is certainly not liable to her for her injury. If someone is getting drunk it is not a property owner's fault if they fall down $(!).$

The bar had a duty to use reasonable efforts to maintain the floor in a safe condition. This does not mean the bar is automatically liable to Mandy for her injuries $-$ only that the bar should have kept the floor picked up in a reasonable manner.

The bar had both a duty to warn customers about the dangerous floor and also a duty to keep the floor in a reasonably safe condition.