Assignment:
Big Bob Builder is building a development and is working on the Common Areas. It hires a fencing company, A+ Fencing to fence off the area while construction is occurring. A+ Fencing installs a tarp on the fence on the wrong side, facing outwards. After a few weeks, the tarp comes loose at certain points on the fence and flaps in the wind. Emily is staying at a friend's house in the community because she is homeless. She is addicted to crystal meth. At 9:00 a.m. she smokes crystal meth. Later in the day, she takes a Xanax (anti-anxiety drug). At 3:00 p.m., she ingests an anti-depressant. At 5:00 p.m., she drinks a few beers. Around 8:00 p.m., she decides to go for a bike ride. While riding her bike, she is pedaling by the common area and the tarp flies out and hits her in the face. She falls off her bike, hits her head and sustains serious medical injuries, in the amount of $75,000. She institutes a lawsuit against Big Bob Builder.
Who do you think will win the lawsuit? Does Big Bob Builder have any claims against A+ Fencing?