Overpriced Oil owned a crude oil storage facility east of Tap City. The facility consisted of half a dozen 10,000- gallon tanks surrounded by a chain link fence. In early 1999, Overpriced closed the facility due to declining business because of their high prices and the rapid growth of residences around it. Overpriced knew the complaints it had been receiving about the unsightliness and odor of the facility would only increase with time.

Approximately 40 employees had been laid off because of the business decline. The layoffs had caused substantial employee bitterness. In the four weeks since the Overpriced Oil employees had been laid off, the chain link fence around the storage facility had been cut open every weekend. After each incident, Donaldson, the district manager, would drive to the storage facility and arrange to have it repaired within a day or two. After the fourth incident of vandalism, Donaldson found a child’s hat and mittens and a My Little Pony backpack on the spiral staircase, which provided access to the lip of one of the storage tanks.

The following Friday night, Donaldson received yet another call from the Tap City Police advising him that the fence around the facility had been cut open again. Donaldson thanked the police and called the fencing company to schedule the fence to be repaired early Monday morning.

Sunday morning, ten-year old Mandy was found unconscious in the bottom of one of the empty tanks just below where the staircase meets the lip of the tank. Mandy’s parents, with whom she lived in a nearby trailer park, had reported her missing Saturday night. Mandy suffered moderate, but permanent, brain damage.

If Mandy’s parents as her guardian ad litem, bring an action for negligence against Overpriced, what will be the likely result of the litigation?