Posted: September 7th, 2017

Patricia heard that the Dagwood Convention Center was hosting the annual private convention on “Innovation Technology for Water Conservation.” Patricia, who owned a water conservation business, did not want to pay the $450 entrance fee for the convention but wanted to learn about her competitors’ products. Accordingly, she dressed up as a Dagwood Convention Center employee and, carrying a tray with bottled water, snuck into the convention room using the “employees only” entrance. While she was walking around the convention room she stumbled and fell when she tripped on a bright orange extension cord that was lying on the convention center floor. A Dagwood Convention Center employee had carelessly forgotten to tape the cord; the custom at all convention centers was to tape all extension cords to the floor. The employee’s negligent placement of the extension cord caused Patricia to fall, resulting in Patricia tearing two ligaments in her knee. Patricia suffered severe pain and incurred significant medical expenses and loss of income. She has asked you, her lawyer, whether she is likely to successfully sue Dagwood Convention Center in negligence for causing her injuries. Your most accurate advice to Patricia would be that:

Patricia heard that the Dagwood Convention Center was hosting the annual private
convention on “Innovation Technology for Water Conservation.” Patricia, who owned a
water conservation business, did not want to pay the $450 entrance fee for the convention
but wanted to learn about her competitors’ products. Accordingly, she dressed up as a
Dagwood Convention Center employee and, carrying a tray with bottled water, snuck
into the convention room using the “employees only” entrance. While she was walking
around the convention room she stumbled and fell when she tripped on a bright orange
extension cord that was lying on the convention center floor. A Dagwood Convention
Center employee had carelessly forgotten to tape the cord; the custom at all convention
centers was to tape all extension cords to the floor. The employee’s negligent placement
of the extension cord caused Patricia to fall, resulting in Patricia tearing two ligaments in
her knee. Patricia suffered severe pain and incurred significant medical expenses and loss
of income. She has asked you, her lawyer, whether she is likely to successfully sue
Dagwood Convention Center in negligence for causing her injuries. Your most
accurate advice to Patricia would be that:
A. Patricia will not likely recover damages unless she can prove that she had
permission to be at the conference.
B. Patricia will not likely recover damages unless the employee’s failure to tape was
done in part to serve the Dagwood Convention Center.
C. Patricia will likely recover damages because Dagwood’s employee failed to
follow custom, showing that its employee was negligent.
D. Patricia will likely recover damages because a loose extension cord lying on
Dagwood’s convention room presented a risk of serious injury.