A business owner operates a coffee shop with beautifully landscaped outdoor seating. A customer who regularly visits the shop trips and falls on an uneven brick in the outdoor patio area, sustaining injuries. The uneven brick was not visible due to a decorative rug placed over it. The customer sues the business owner for negligence. When determining liability, what is the most critical factor the court will evaluate?
Whether the rug was visibly marked as a potential hazard
Whether the owner knew or should have known about the uneven brick and failed to address it or warn the customer
Whether the customer was wearing appropriate footwear for the outdoor area
Whether the customer signed a waiver of liability upon entering the property
The correct answer is based on the duty of care the business owner owes to the customer, who is classified as an invitee in this situation. Invitees are owed the highest duty of care, which requires the owner to inspect and maintain the property in a reasonably safe condition. The presence of an undisclosed hazard like the uneven brick that was concealed under the rug highlights the owner's breach in fulfilling this duty of care. The other incorrect options misunderstand the extent of the owner's obligation or do not sufficiently address the role of foreseeability in the claim.
Ask Bash
Bash is our AI bot, trained to help you pass your exam. AI Generated Content may display inaccurate information, always double-check anything important.
What does 'duty of care' mean in a negligence case?
Open an interactive chat with Bash
What constitutes an 'invitee' in the context of property law?