Thomas owns a store in Manhattan which sells various luxury furniture items, such as turn of the century vases, paintings and beautifully handcrafted bejeweled Faberge Eggs of various sizes. Thomas was a long time adherent to the art of Feng Shui. Developed in China 3,000 years ago, Feng Shui reveals how to balance the energies of any given space to assure the health and good fortune for the people inhabiting it. In order to generate the proper Feng Shui energies and flow in the store, Thomas carefully stacked the vases and Faberge eggs very high on the top shelf in his store. Virginia, who is only 5 feet tall, spots an egg to add to her collection on the uppermost part of the stack and decides to climb up on the bottom shelf below the stack to reach it. Virginia doesn’t ask for help from any of the employees in the store and doesn’t use the ladder or “grabber” tool for assistance. As Virginia grabs one of the Faberge eggs, all of the eggs come crashing down on the floor and she falls to the floor injuring her hip. Louisa, who just happens to be walking by the store, is so startled by the noise from the crashing eggs and Virginia’s screams of agony that she trips as she is walking down the sidewalk in front of the store and falls headfirst, knocking out her two remaining teeth.
(a) What legal claim can Louisa claim, if any, can Louisa make against Thomas’ store and who is likely to win the lawsuit? Explain fully.
(b) What legal claim, if any, can Virginia make against Thomas’ store and who is likely to win the lawsuit? Explain fully.
(c) What defenses, if any, might Thomas’ store raise in defense to Virginia’s claim? Explain fully.