Andy Kim was quietly having a beer one night at Casey's Tavern when he was suddenly and without warning attacked by Red Nekk, who was clearly intoxicated

Question

Red is somewhat notorious around Casey's: he gets thrown out about once a week for starting fights and knows that. On other occasions when he's been there, there have been two bouncers, so he's felt safe. Unfortunately, they were both breaking up another fight when he was suckered by Red. Andy suffered cuts and bruises as a result of this incident, and he sues Casey's for negligence. Which of the following is TRUE?

A) The defendant had no duty to protect Andy from attack by its patrons.
B) Andy voluntarily assumed the risk of an assault when he attended a place like Casey's.
C) The defendant took reasonable care to protect its patrons by employing two bouncers.
D) The defendant should have barred Red from the premises, given his history.
E) There was nothing the defendant could have done in the circumstances to have protected Andy from an attack.

Answer 1

C