This question should be answered in an IRAC format. Please include all relevant keywords, terms, and phrases when discussing each topic.
Spencer is a pedestrian, who is hit an injured by a TV that came flying from some window in a 10-story hotel building owned by Derek. Spencer brings an action in negligence against Derek, as owner of the hotel, showing no other evidence.
Derek moves to dismiss.Will Derek’s motion prevail?
As it turns out, Guns ‘N Roses was staying at the hotel, and Slash threw the TV out of the window. Spencer is a fan of the band, so only wants to sue Derek. Derek knew that the band had a history of being a bit drunk and rowdy, but let them stay at the hotel anyway. Is Derek negligent?
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Are the elements of res ipsa met? Can the event described have occurred in the absence of negligence.