Negligence elements · Intentional torts · Privileges · Comparative fault

Torts Issue Spotting Practice

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Issue Spot: The Icy Walkway

Negligence & Duty · Free access

On February 12, a severe ice storm struck the city of Oakhaven, leaving a quarter-inch of black ice across all exposed surfaces. Grant, the owner of a two-unit residential duplex, resides off-site but retains control over the shared common walkway leading to the front porch. Priya, the tenant in the upstairs unit, discovered the hazard at 8:00 AM on February 13 and immediately sent a text message to Grant stating, 'The front walkway is a solid sheet of ice and it is extremely dangerous.' Grant replied via SMS at 8:15 AM, 'I have a busy work week, but I will get to it this coming weekend.' On the afternoon of February 13, Tomas, an independent delivery courier for SwiftShip, arrived at the duplex to deliver a package. As Tomas stepped onto the middle of the walkway to reach the porch, he slipped on the hidden ice, suffering a compound wrist fracture. Priya, who was following Tomas toward her car, witnessed his fall, attempted to pivot away, and slipped herself, sustaining a severe shoulder dislocation. Both parties have now initiated litigation against Grant in the Superior Court of Oakhaven, seeking damages for medical expenses and lost wages, alleging that the walkway presented a foreseeable risk that Grant negligently failed to remediate.

Please identify all viable negligence issues raised by the facts regarding Grant’s potential liability to Tomas and Priya.

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