Ms. Calzone owns an Italian restaurant. One day, a customer dining in Ms. Calzon
ID: 3457917 • Letter: M
Question
Ms. Calzone owns an Italian restaurant. One day, a customer dining in Ms. Calzone's restaurant gets up from his table to use the restroom, and slips and falls, injuring himself. The customer, Mr. Jones, files suit, and Ms. Calzone hires you to be her attorney. Ms. Calzone tells you the following facts: the customer who fell had spilled some of his soda onto the floor near his table about 5 minutes before his fall, and there was a broken tile near the customer's table (very close to the spilled soda). Ms. Calzone isn't sure which one, if any, caused Mr. Jones's fall.
In no less than 2 paragraphs, please give Ms. Calzone your opinion on 1) whether or not she will be found negligent (please be sure to describe the the factors that go in to your decision), and 2) what her strategy should be for defending the case (i.e. should she go to trial, try to settle through ADR, etc.).
Explanation / Answer
Ms. Calzone was definitely negligent in two aspects, one, she didn’t replace the broken tiles near the table, although she knew that it was broken. Secondly, it’s her responsibility to make sure the spilling of any food are beverages are cleaned immediately because the soda spill was there for 5 minutes without anyone noticing it. Although Mr. Jones didn’t inform the waiter or Ms. Calzone about the spill, it’s the responsibility of the restaurant owner to keep it clean all the time.
I would recommend Ms. Calzone to apologize and settle this issue outside the court because the fault is completely on her. She could offer to pay the medical bills and few complementary dining at the restaurants. She should also pay an amount as a compensation because if she goes to the court, she will lose it for sure and the issue will be printed in the media thus the restaurant’s name will be lost thus put her in the danger of losing her business.
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