Question

Jimmy arrived at his favorite fast-food restaurant intending to purchase lunch. When Jimmy entered the building he accidentally bumped into Zach, causing some of Zach’s drink to spill on the floor. The collision was not observed by any restaurant employees.

Jimmy proceeded to order his food.

About one minute later, another customer Beth entered, slipped on the wet floor and sustained a broken wrist from the fall, which necessitated a surgical operation.

Arguing that the restaurant was negligent in protecting patrons from dangers, Beth sued the restaurant in tort.

Will Beth likely succeed in his cause of action?

	A.	No, because the customer’s true claim is against Jimmy who caused the drink to spill.
	B.	No, because the restaurant did not breach any duty owed to the customer.
	C.	Yes, because the restaurant is vicariously liable for the torts of its patrons.
	D.	Yes, because the restaurant breached its duty to inspect the premises and warn of the dangerous condition or make it safe.

Answer 1

Correct Answer is -

D. Yes, because the restaurant breached its duty to inspect the premises and warn of the dangerous condition or make it safe.

Reason -

Fast food restaurants have their rules and regulations which needs to be followed according to law of restaurants. Restaurants must be kept clean and healthy environment for the people to have good vibes and proper hygiene. To have proper heath safety foods restaurants should keep floor inspections and cleaning up spills on the floors for the customers safety as they should not get injured themselves due to such carelessness.

The Staff of the restaurants are trained enough to follow the measures to prevent customers from such spills of foods on the floor they have trained to keep their customer aware about the dangerous conditions to aware the customers.

Restaurant owner/Manager has obliged to follow the basic customer safety measures time to time to do not result in dangerous to the customer’s physical health.

Though the floor got spilled by Jimmy it is the responsibility on the part of the restaurants staff/ Manager to keep the floor clean or at least make customer aware about the wet floor so that customer should not get injured.

Negligence on the part of restaurant and failed to follow its own safety procedures in this case Restaurant is liable for the Beth broken wrist.