Reference no: EM133502534

Keylock University offers on-campus housing to 100 students each year, all located in Silver Meadows. Silver Meadows features apartment-style housing and is managed by one residential hall director: Sally Brass. Sally is responsible for all local operations (including check-in, check-out, policy enforcement, maintenance reporting, key management, etc.). In fact, the Keylock University Residence Life Policy Manual states in relevant part, "For the safety of all residents, the hall director must confirm that every room key has been returned." At the end of each school year, as students move out, Sally requires each student to place their room key in a locked box outside her office and to sign the check-out sheet on the box, affirming that the key has been placed in the box. The morning after students have moved out, Sally removes all the keys from the box and places them back in the numbered key rack in her office. Sally does not make a list of all keys that have been returned or confirm that all keys have been returned because she has plenty of keys in the lockbox for each room. Sally does, however, check the signature log to ensure that everyone has affirmed that their key has been returned.

After the 2016 school year concluded, Sally counted the signatures on the list and noted that all 100 signature lines had been signed. Unbeknownst to Sally, Johnny Lawbreaker never signed the list and never returned his key. Instead another resident had inadvertently signed his name twice. At the beginning of the 2017 school year, Johnny Lawbreaker used his old key to break into his old room in the middle of the night. Upon entering the room, he was confronted by Frankie Fillmore, the current resident. Johnny Lawbreaker physically assaulted Frankie, breaking two bones in his face, and stole Frankie's new laptop and tablet. The medial damages - coupled with the value of the stolen items - exceeded $25,000. Frankie Fillmore has filed a lawsuit against Sally Brass and Keylock University, alleging negligence.

Using the 5 elements of negligence, how was Sally negligent? What recommendations would you propose to eliminate the potential for liability in the future? Support your recommendations using scholarly sources.