A supermarket employs security guards to monitor the premises for suspicious activity. One evening, a security guard fails to intervene during a robbery, and a customer is injured in the ensuing chaos. The injured customer sues the supermarket for negligence. Does the supermarket owe a duty of care to the customer regarding the security guard's failure to act?
Yes, because the supermarket has a duty to protect its customers from foreseeable harm resulting from the conduct of its employees.
Yes, if the customer was aware of the security guard's limitations.
No, because the security guard was acting independently and the crime was committed by a third party.
No, because the customer assumed the risk by entering the supermarket.
The supermarket owes a duty of care to the customer because it is foreseeable that failure to properly supervise security could lead to harm to customers. Employers can be liable for the negligent actions or omissions of their employees in such contexts.
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Multistate Bar Examination
Torts
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