Problem
Bertie sues Poxton Restaurant for negligence when she slips and falls in a puddle of oil created when a waiter dropped salad dressing on the floor 10 minutes earlier. Bertie asks for $10,000 in damages.
i. What must Bertie prove in order to prove negligence? (Answer in complete sentences defining each element).
ii. Assume Bertie proves all four elements, there are no defenses, and the jury agrees her damages are $10,000. If the trial took place sin Virginia, a contributory negligence state, and the jury finds the restaurant 90% liable and Bertie 10% liable, what can she recover from the restaurant?
iii. Assume Bertie proves all four elements, there are no defenses, and the jury agrees her damages are $10,000. If the trial took place in a comparative negligence state, and the jury finds the restaurant 70% liable and Bertie 30% liable, what can he recover from the restaurant?
iv. New Facts: Delilah Corporation manufactures drones. Henry discovers that his Delilah drone is defective and sues Delilah Corporation for product liability based on strict liability. What is the tort called and what are the elements Henry will have to prove to win? Answer in complete sentences, not bullet points or lists.