IRAC Case Brief

Facts.
One evening, Kelly went to the movie theatre. When the movie was over, Kelly needed to use the restroom.
As she emerged from the bathroom stall and approached the sink, Kelly slipped on a puddle of water in front of the sink, crashed to the floor and landed painfully on her shoulder.
Earlier in the day, the movie theatre knew the bathroom sink pipe had broken and called a plumber to come fix it. The plumber called the theatre late in the afternoon and said she could not arrive until the next day.
The theater tried to shut off the water to the sink but could not. The theater did send an employee in with a mop every 15 minutes to mop up the water. However, this did not prevent the floor from becoming slippery.
Kelly wishes to sue the theatre for its failure to maintain the bathroom in a safe condition.

After Kelly fell, the theater posted an employee in front of the restroom and would not let any other patron use the restroom.
When the theater closed for the night, the theater manager placed towels under the sink to absorb as much water as possible and a sign that said, “Do not enter. Wet floor.”
That night, Cindy, Sandy and Teri broke into the movie theater after it had closed. Teri had worked for the theater for six months and had often used her keys to open the back door after closing to party with friends.
Teri had several convictions for burglary on her record, but the theater hadn’t done a background check.

The theater was completely dark. Even the exit signs that were required by statute to stay illuminated at all times were off. (The theater had taken the bulbs out of the signs because movie patrons complained that the signs were distracting.)
Teri said that she knew where the theater kept some flashlights and to follow her.
As the three girls fumbled their way through the theater toward the snack bar, Cindy tripped over the cord to a vacuum that Paul, a member of the cleaning crew, had left plugged in with the cord running across the aisle.
Paul is an independent contractor hired by the theater to clean the theater. He had quit early to take a nap up in the manager’s office. Cindy fell head

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