Alan is trying to catch a plane at Chicago’s O’Hare Airport. He knows that he is late for his plane; therefore, he is running through the airport as fast as possible. Unfortunately, Alan does not see the banana peel that is lying on the floor in the middle of the concourse. He slips on the banana peel and goes sliding across the floor until he bangs his head on a metal counter and suffers a severe head injury.
Alan files a negligence lawsuit against the Airport, which, we will assume, is in charge of maintaining the concourse. A subsequent investigation reveals that the banana peel was brownish when Alan slipped on it. Alan, of course, has no idea where the peel came from and why it ended up where it did.
Please answer the following questions in one to two paragraphs each. You do not need to use case law.
You merely need to use the courseware and your knowledge of negligence law.
1) What are the elements of negligence and how to they apply to Alan’s lawsuit against the airport. In other words, what would Alan be expected to show to be able to win the case?
2) Of what legal significance is it that the banana peel is brown? How does that change the determination of whether the elements of negligence are met?
3) All things considered, do you think Alan will win the case? Explain why or why not.