Tremendous Treats ("TT") is a chain of restaurants specializing in lunches and baked goods. The restaurant has a high ratio of 'take out' customers, but also offers limited seating which is located up a small set of stairs.
Ab ordered a bowl of soup from the counter and chose to eat it in the restaurant. The server told him that the floor was being washed upstairs and he should be careful. He said "That's ok, I'm sure I'll be fine." There were no "Caution, Wet Floor" signs, or any obviously wet areas visible, so, looking forward to his lunch, Ab bounded up the stairs and into the seating area. Unfortunately, with his first step onto the landing he slipped on the wet floor and fell. He broke his hand and suffered minor burns from the soup spilling onto his bare skin.
Ab was a very talented drummer, and as a result of his broken hand he could not compete in the finals for the "Battle of the Bands" competition taking place that night. This competition was very important to him because many music executives attended the final competition and habitually signed artists to their labels after this event. Because of his injuries, Ab's talent would not be discovered.
Ab feels that this was his big shot at a music career, and that by not performing in the competition he blew his chances of being discovered.
Ab has decided to sue TT for negligence, and claims TT owes him the amount of $10 million in general and special damages, for the exorbitant salary he would have made in the music industry.
Does TT owe Ab a duty of care? Describe what is meant by duty of care and explain how AB can argue that TT owes him a duty of care.
Has TT breached the standard of care? Describe what is meant by standard of care and explain how Ab can argue that TT breached the standard of care.
Did Ab suffer damage? Describe the potential damage suffered by Ab.
Was the damage caused by the actions of TT? Explain your answer.
Are there any defenses available to TT? Describe three potential defenses available to TT to avoid liability.