Essay Flashcards

Summit Industrial Center, a large shopping complex, is sued by a customer, Lucia Cruz, for injuries after she slips on an icy exterior ramp following a winter storm. Summit maintains a due-diligence program: exterior de-icing rounds by security and maintenance staff; warning signs posted when ice is present; a management log documenting weather conditions and de-icing actions; and a policy to redirect foot traffic or close affected areas if ice is not promptly cleared. On the incident day, ice formed on the ramp; staff posted signs within 2 minutes and de-icing began immediately; the ramp remained icy for 18 minutes before Cruz slipped. Summit pleads the defense of due diligence, arguing that it exercised the care that a reasonably prudent owner would under the circumstances. (a) Identify the doctrine and the governing rule that applies when due diligence is pleaded as a defense in a premises-liability quasi-delict. (b) Distinguish due diligence from ordinary negligence or other defenses, and explain how it affects the burden of proof and the elements the plaintiff must establish. (c) Apply the doctrine to the facts: does Summit’s program and actions satisfy the due-diligence standard under the circumstances? Conclude whether the defense should succeed or whether liability should attach.