Legal Writing 604 Assignment # 9 Myles 8019.docx - Legal...

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Legal Writing 604 Assignment #9 Myles 8019 Pam v. Diner Negligence Negligence requires a showing that a duty was owed, that the duty was breached, and that the breach was the actual and proximate cause of plaintiff’s damages. Special Duty-Land Occupier-Invitee A special duty arises in circumstances involving a land occupier. An invitee is one who enters upon the land of another with the owner’s permission for the purpose related to the activity. The landowner owes an invitee a duty of care to inspect and discover any dangerous condition and to make the premises safe. Pam was at Diner the local restaurant at about 5:00 p. m. Pam parked in the parking lot. She was a guest on the premises and that makes her an invitee. Pam was there to have dinner. Diner owes her a duty of care to inspect the restaurant and remove and warn her of any dangers. Breach A breach is a failure to act as a reasonable prudent person under the same or similar circumstances. Diner failed to warn Pam of the robberies that were taking place in the parking lot. Diner will say that they only knew of cars being broken into while the patron was in the Diner eating. Diner will contend that they didn’t know of any robberies taking place in the parking lot. Diner did however take steps to remedy the robberies in the parking lot by installing cameras in the parking lot. Diner will argue that there was no breach of duty to Pam because of the installing of the cameras to protect the parking lot and that they weren’t any other robberies before in the parking lot. Pam will argue that she was told of the other auto robberies and that Diner should have foreseen that the crimes would happen since the autos were robbed. Thus, Diner breached its duty of care to Pam. Causation Actual Cause “But For Diner not warning of criminal acts in the parking lot or hiring security guards to protect patron who were parking in order to eat at their diner, Pam would not have been robbed. Diner is the actual cause of Pam’s injuries. Proximate Cause Diner knew there had been previous robberies of auto in the parking lot. It would be foreseeable that crime would only increase in the parking if they didn’t hire guards to patrol the parking lot while their patrons were eating dinner in their restaurant. Diner could say that the robber was the 1
Legal Writing 604 Assignment #9 Myles 8019 direct cause of the injuries to Pam and that they weren’t aware of any other robberies in the parking lot, Pam will counter with the fact that Diner was the one who owed her a duty of care because they are the owners of restaurant, and patrons should feel that they won’t be robbed

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