Reference no: EM131133529
Heavy rain and wind storms caused water to be tracked into Burr's Bakery by customers and water to be blown through the door each time it was opened. Hawkeye entered through the automatically opened door, slipped and fell in approximately 1/2 inch of rain water that had accumulated on the floor, and was injured. The manager knew of the weather condition, had required employees to mop the floor several times, and had posted a sign warning customers of the water hazard.
Determine whether Hawkeye can recover damages for his injuries from Burr's?
a.No, because there was a warning sign and, thus, Hawkeye assumed the risk by entering the bakery.
b.No, because the rain storm was an unforeseeable intervening factor that negates any negligence on Burr’s part.
c.Yes, most likely, because merely mopping the floor and posting a sign was not sufficient; Burr has a duty to make the premises safe for invitees.
d. Yes, under negligence, but Burr can claim the contributory negligence of Hawkeye for walking in the bakery
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