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Constanza v. Rafael – Negligence . Duty of Care . Breach ofDuty | IRAC . LeeScenarioRafael is the landlord and maintenance manager for a 30-unit apartment complex. During his regular weekly walk-around inspection, he noticed the second floor staircaselight is a little too dim compared to his last week inspection. Rafael did not have hisladder equipment or spare light bulbs with him, so he wrote down the needed repair onhis notepad. Since he received no complaints so far from the tenants concerning thisstaircase lighting, he decided to schedule the staircase light bulb replacement for nextweek.Constanzais one of the apartment residents, she came back home late the followingevening, was fumbling through her purse for the apartment key, and accidentallyslipped on the staircase with the dim light.Issue: whether or not Rafael had a duty to reasonable care to the plaintiff, whether or not Raphael breached this duty of care, whether or not the consequences of the defendant’s actions were the actual and proximate cause of plaintiff’s injury, and whether or not there were any intervening or superceding causes to break the causal link.Rule: The Firstelement of negligence is whether or not there was a duty to reasonable care, this is determined by a reasonable person standard and whether they had a special duty to care. The secondelement is whether there was breach of that duty, a breach is defined by five sub elements that we will cover in our application.The Third element is whether or not the defendants action were the actual and proximatecause of the plaintiff’s injuries, and whether or not there was an intervening/superceding causethat may have broken causal link.