NegligenceMark sued a bank for injuries. He was not paying attention as he entered the bank because he waslooking at his phone. And he fell suffering $10,000 in injuries. Prior to the fall, the janitor had buffed thefloor. The janitor had an IQ of 70. Normally, the janitor was closely supervised. However, today hismanager was extremely tired, and the manager didnâ€t notice that the janitor had carelessly used way toomuch floor wax that was extremely slippery. Is the bank liable for the janitorâ€s negligence (be sure to gothrough all the elements.) Additionally, note that under the doctrine of respondeat superior the bankWILL 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. Thejurisdiction does recognize the defense of comparative negligence.
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