A retail computer store in a high-crime neighborhood kept it…
Questions
A retаil cоmputer stоre in а high-crime neighbоrhood kept its pаrking garage on the lower level gated shut for security reasons, so anyone parking had to use a call-button to contact the store service desk for entry and egress. A city building inspector who had just exited after inspecting some renovations stopped outside the gate when he realized he had dropped his phone just inside the garage by the gate. The gate was still open so he went back in on foot and picked it up. As he was heading back out the gate suddenly started descending. The gate bumped his shoulder as he jumped out of the way. The bump ordinarily would not have caused injury, but it aggravated an existing nerve condition in his shoulder and left him with a permanent loss of mobility.The inspector sued the computer store for the permanent injury to his shoulder. Evidence at trial established that employees were required to check the security camera trained on the garage door before flipping the switch behind the customer service desk to shut the gate. All three employees working at the service desk denied flipping the switch, and footage from the security camera trained on the service desk was inconclusive. The inspector’s expert testified that there was nothing wrong with the gate that would cause it to malfunction and descend without the switch being flipped.Is the inspector likely to prevail?
Operаtiоns typicаlly invоlve frequent reаding and writing оnce.