Problem
Marilyn Acres Corporation owns a recycled copper remanufacturing facility. Used copper being very valuable, Marilyn Acres, company president, had noted several break-ins where the company lost significant amounts of scrap, "probably addicts," she said. Ms. Acres hires armed security guards through BigTop Security. Fred, BigTop guard, was handling his gun attempting an adjustment when it went off and seriously injured Portia, a business invitee. Portia sues Marilyn Acres Corporation, claiming that her injury was the result of the company's negligence. What is Portia's best argument for liability to apply to Marilyn? What argument can Marilyn use to best defend the company?