Is the bank liable for the janitor’s negligence (be sure to go through all the elements.)

Negligence

Mark sued a bank for injuries. He was not paying attention as he entered the bank because he was

looking at his phone. And he fell suffering $10,000 in injuries. Prior to the fall, the janitor had buffed the

floor. The janitor had an IQ of 70. Normally, the janitor was closely supervised. However, today his

manager was extremely tired, and the manager didn’t notice that the janitor had carelessly used way too

much floor wax that was extremely slippery. Is the bank liable for the janitor’s negligence (be sure to go

through all the elements.) Additionally, note that under the doctrine of respondent superior the bank

WILL be liable for any potential negligence of the janitor employee? What defenses will the bank assert?

Assume that the jurisdiction does not recognize assumption of risk or contributory negligence. The

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