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Torts - Negligence

Your Answer

The defendant owed a duty of care to the plaintiff as a business invitee. Under the Restatement (Second) of Torts, a landowner must exercise reasonable care to inspect and discover dangerous conditions on the premises.

The wet floor without signage constitutes a breach of the duty of care, as a reasonable store owner would have placed warning signs or cleaned the spill promptly after discovery.

The plaintiff suffered injuries including a fractured wrist and medical expenses totaling $12,000...

Panel Feedback

72/100

Reviewer A, Reviewer B, Reviewer C

Issues Spotted

Duty of Care (Invitee)strong

Breachadequate

Issues Missed

Comparative Negligence

Proximate Cause

Hint: Consider whether the plaintiff's failure to watch where she was walking could reduce her recovery under comparative fault.

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Panel Feedback3/3 agree

Reviewer ABlack-letter law

Rule statement is accurate but incomplete - missed the Restatement (Third) formulation for duty of care in premises liability.

Reviewer BPolicy analysis

Strong policy reasoning on foreseeability, but the balancing test needs the Learned Hand formula to be fully persuasive.

Reviewer CPractical advocacy

Argument structure is solid. Lead with your strongest issue before duty so the answer lands faster.

Tier-based reviewers

Free essays use a three-reviewer panel. Paid essays add five specialists, each focused on a scoring axis, then LawCoach synthesizes the reports into a clear signal on what to fix.

Panel Feedback3/3 agree

Reviewer ABlack-letter law

Rule statement is accurate but incomplete - missed the Restatement (Third) formulation for duty of care in premises liability.

Reviewer BPolicy analysis

Strong policy reasoning on foreseeability, but the balancing test needs the Learned Hand formula to be fully persuasive.

Reviewer CPractical advocacy

Argument structure is solid. Lead with your strongest issue before duty so the answer lands faster.

Five-dimension rubric

See where points move, from issue spotting through conclusion, instead of getting one vague overall score.

Rubric Breakdown72/100

Issue Spotting85%

Rule Statement70%

Application60%

Counterarguments40%

Conclusion75%

See what an A looks like

Compare your answer against a stronger structure so you can fix the exact gaps that cost points.

Your Answer

The defendant owed a duty of care to the plaintiff as a business invitee. Under the Restatement, a landowner must exercise reasonable care to protect invitees from known dangers.

The defendant breached this duty by failing to maintain the premises. The wet floor constituted an unreasonable risk of harm that a reasonable inspection would have discovered.

Model Answer

The defendant owed a duty of care to the plaintiff as a business invitee. Under the Restatement (Third), a landowner must exercise reasonable care to protect invitees from known and reasonably discoverable dangers.

The defendant breached this duty by failing to maintain the premises. Applying the Learned Hand formula, the burden of mopping was minimal compared to the probability of harm multiplied by the severity of injury.

Regarding causation, but-for the wet floor, the plaintiff would not have slipped. The harm was foreseeable, satisfying proximate cause.

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Torts · Contracts · Civil Procedure · Constitutional Law · Criminal Law · Property · Evidence · Criminal Procedure · Business Associations · Family Law · Trusts & Estates · Secured Transactions · Conflict of Laws · Professional Responsibility · Administrative Law · Remedies · Torts · Contracts · Civil Procedure · Constitutional Law · Criminal Law · Property · Evidence · Criminal Procedure · Business Associations · Family Law · Trusts & Estates · Secured Transactions · Conflict of Laws · Professional Responsibility · Administrative Law · Remedies ·

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Practice exams that show you exactly what to fix

Three steps to exam-ready

Choose your format

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Three reviewers on Free. Five specialists on paid essays.

Tier-based reviewers

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Five-dimension rubric

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