6-8. Negligence. DSC Industrial Supply and Road Rider Supply are located in Nort

Question

6-8. Negligence. DSC Industrial Supply and Road Rider Supply are located in North Kitsap Business Park in Seattle, Washington. Both firms are owned by Paul and Suzanne Marshall. The Marshalls had outstanding commercial loans from Frontier Bank. The bank dispatched one of its employ- ees, Suzette Gould, to North Kitsap to "spread Christmas cheer" to the Marshalls as an expression of appreciation for their business. Approaching the entry to Road Rider, Gould tripped over a concrete "wheel stop" and fell, suffering a bro- ken arm and a dislocated elbow. The stop was not clearly vis- ible, it had not been painted a contrasting color, and it was not marked with a sign. Gould had not been aware of the stop before she tripped over it. Is North Kitsap liable to Gould for negligence? Explain. [Gould v. North Kitsap Business Park Management, LLC, 2016 WL 236455 (2016)] (See Uninten- tional Torts-Negligence.)

Explanation / Answer

Suzette Gould had tripped and fell down on the property of North Kitsap, so the owners of North Kitsap Business Park were accountable to Gould for negligence. A property owner usually has a duty of care towards the people visiting or trespassing his property. The property owner will be held liable for any kind of accident happening on his property. In the given case, Suzette was a representative of the bank from whom, the owners of North Kitsap had taken commercial loan. Suzette was sent by her bank to celebrate their association with the Marshalls. So, she was an invitee or a visitor. In such a scenario, as per Common law, North Kitsap Business park were accountable for the accident caused to Gould on their property and can be sued by Gould under negligence to duty of care.

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