Using IRAC Method

Question 3 Negligence

Eugene owns and operates a bookstore called Books Books Books (or BBB for short). Eugene also owns the premises which BBB uses. At the back of the store is a small caf and lounge area, where customers can sit down, enjoy a coffee and read their books.

One Saturday, BBB is very busy and there are lots of people in the store. Eugene is working in the store, and so are two of the employees, Bill and Ben. Bill and Ben are working in the caf area. Eugene is very busy dealing with all of the customers, and is getting frustrated with Bill and Ben because they keep talking and are not working very hard.

As Bill is clearing some empty coffee cups, he accidentally drops a cup on the floor. The cup still had coffee in it, and there is now a puddle of coffee on the floor and some broken cup pieces. Bill immediately picks up the broken cup and goes to the counter to get a cloth and a slippery when wet sign, so that he can place the sign next to the spill. It is BBB policy that all spills must be cleaned up immediately.

When Bill gets to the counter, Ben calls him a goose for breaking a cup and they start chatting with each other. A number of customers come and order coffee, and Bill forgets about the spill.

5 minutes later, Sam, a customer, walks up to the caf and slips over in the spilled coffee. Sam screams. He has landed very heavily on his arm and is in a lot of pain. Sam goes to a doctor and is told that his arm is broken. He is not able to work for 6 weeks.

Sam contacts Eugene at BBB and says that he has large medical expenses and has lost income. Sam asks BBB to pay $5,000 to cover these costs. Sam says that because Bill was negligent and did not clean up the spill immediately, he fell and was injured. Sam says that BBB is liable.

Using relevant legal principles, discuss whether Bill was negligent and if Sam would be successful in his claim.