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Ms. Leitch was having a glass of champagne in the outdoor section of a restaurant in Delray Beach, Florida on New Year’s Eve. She was hit by a stray bullet and injured. There had been stray bullet injuries in the past on the streets of Delray on New Year’s Eve, but the city did not issue any warnings to revelers prior to New Year’s Eve. Ms. Leitch has filed suit against the city of Delray Beach to recover for her medical costs, lost wages, and physical pain and suffering. What will Ms. Leitch use to establish duty in her negligence case against the city?

Respuesta :

Answer:

The stray bullet problem was a known matter though the city didn't raise any warning.

Explanation:

The point of discussion on this topic is if the previous gunfire cases were sufficient enough to place a duty on the city. The duty itself results if it was reasonable to predict that an injury would occur on a holiday by gunfire. If so, the fact that the city didn't take any action to protect its inhabitants represents a breach of that duty meaning they had to raise warnings to prevent this happen again. In that sense, Ms. Leitch has all the right to sue the city for the expenses, physical, and psychological damages.

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