Wildalaska
Moderator
I'm sure not saying it's an easy case to win.
Win? It wouldnt survive a Motion to Dismiss for Failure to State a Claim...and if it did, it wouldnt survive Summary Judgement.
WildatotalloserAlaska ™©2002-2011
I'm sure not saying it's an easy case to win.
fiddletown said:I tend to agree that the defendant will most likely have the best data.
fiddletown said:Consider the Denny's case near Seattle. The plaintiff was able to put on considerable evidence that Denny's was on notice about special risks created by its policy of staying open in the early morning hours.
Data about any factors suggesting a special risk at the location. That's what was significant about the Denny's case. Denny's had accumulated data on the frequency of violent incidents at some of its locations (including the one involved) which indicated that Denny's restaurants were an especially dangerous place to be in the early morning hours.zukiphile said:General statistical data or about the specific incident?fiddletown said:I tend to agree that the defendant will most likely have the best data.