Sam Stein (P) makes his weekly shopping trip to HEB (D).  He…

Questions

Sаm Stein (P) mаkes his weekly shоpping trip tо HEB (D).  He gets а cart and heads tоward the baking aisle so that he can get ingredients to make a cake for his wife's birthday.  Unbeknownst to Sam, a few minutes earlier another customer accidentally knocked a glass jar off the shelf, spilling cooking oil all over the floor.  Sam does not see the puddle and slips, badly injuring his right leg.  A HEB employee comes to Sam's aid and calls the paramedics.  Sam is taken to the emergency room, where the doctor correctly decides that Sam's right leg must be amputated.  Because the emergency room is so busy, however, the doctor loses concentration and mistakenly amputates Sam's left leg.  Sam loses both legs and must spend the rest of his life confined to a wheelchair. Sam hires a lawyer, who promptly files a lawsuit against HEB seeking millions in damages for Sam being wheelchair-bound.  HEB gets a copy of the complaint.  HEB's lawyer files a motion to dismiss the lawsuit.  He tells the judge, "Your Honor, this is ridiculous.  Sam should have been more careful.  There is no evidence that any HEB employee knew about the cooking oil spill and so HEB cannot be liable."  He goes on: "My client HEB also cannot be liable for Sam losing both of his legs!"  Is HEB's lawyer correct?  Please analyze using the IRAC method.