Biff went to Carraba's Market to pick up a few items for dinner. It was a rainy, windy day, and the wind had blown water through the entrance to Carraba's each time the door opened. As Biff entered, he slipped and fell in the rainwater that had accumulated on the floor. Dorothea, the manager, knew of the weather conditions but had not posted any sign to warn customers of the water hazard. Biff injured his back as a result of the fall and sued Carraba's for damages, alleging negligence. Is Carraba's liable? Why or why not?
What will be an ideal response?
An occupier of the premises has a duty to use ordinary care to keep its premises in a reasonably safe condition and to warn customers of any foreseeable hazards. What constitutes a foreseeable hazard depends on whether a reasonably prudent person would conclude that harm could likely result from the conditions. Here, the manager knew of the storm conditions, knew that water accumulated rapidly on the floor, and knew or should have known that the water created a hazard. A court could find that the manager's failure to remove the water constituted negligence, and the manager could be held liable for the customer's injuries.
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