Question

Background Facts You Need To Know: Jack, a Clean cleaning employee, was assigned to clean Client A's office building. Jack's first task was to vacuum the floors in a wide hallway. Jack plugged Clean's commercial vacuum cleaner into the hallway outlet with an extra-long electrical cord and began vacuuming. Before beginning vacuuming, Jack checked to ensure that the hallway was clear of obstacles and people walking. After checking the hallway, he placed the cord to the side of the hallway out of the path of his pushing the vacuum. After vacuuming for a few minutes, Jack stepped to the side to turn the vacuum and tripped over two boxes that had been placed in the hallway by Client A's employee since Jack began vacuuming. Jack did not know the boxes had been placed in the hallway.

Jack fell and broke his ankle and was taken to the hospital ER via ambulance. A cast was applied after it was determined the ankle did not need surgery. Jack missed three weeks of work because of the injury.

Questions:

1. Does Jack have a negligence claim against Client A?

2. What potential defenses could Client A raise in response to Jack's negligence claim? Why might the defense be raised?

3. Given the negligence claim and the potential defenses, draw a conclusion as to whether Jack or Client A should prevail in a lawsuit. The conclusion must be supported by the facts and the law.