When its primary purchasing agent was on vacation, Sparta Diner sent Lizette Gold, another employee, to Restaurant Depot, a wholesale restaurant supply company. Lizette had never been to Restaurant Depot before and had difficulty finding it in the Sparta Business Park. While approaching the entrance to Restaurant Depot on a very overcast day, Lizette tripped over a concrete wheel stop in the parking lot and fell, suffering a broken arm and a dislocated elbow. The 6-foot-long wheel stop was not clearly visible as it had not been painted a contrasting color to distinguish it from the surrounding pavement.
Lizette brought a personal injury action against Restaurant Depot alleging that the defendant was negligent in not marking the wheel stop more clearly, either with contrasting paint, vivid stripes, or a sign. During discovery, a Restaurant Depot employee admitted to the plaintiffs husband that she had tripped over the wheel stop in the past and that had notified her employer that the wheel stops posed a danger.
Instructions: Using the FIRAC model, evaluate Lizettes premises liability claim against Restaurant Depot.
answered: When its primary purchasing agent was on vacation, Sparta Di
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