Jake owns a company called Boat Builders, LLC and one evening he took several of his employees out after work to a bar. After eating and drinking for several hours Jake invited them back to the Boat Builders premises so he and some of the employees could show off a boat they’d been working on. After arriving at Boat Builders they all continued to drink and two of the employees, Tyler and Mark, got into an argument. When Tyler went to use the bathroom Mark attacked him from behind causing him to lose consciousness and break a tooth. Mark made light of it but gave Jake a menacing look so Jake dropped it and went to check on Tyler. Tyler sat up and asked what happened and Jake told him that Mark had attacked him from behind. About an hour passed by during which time Jake went out to his car and got his phone so he could play music for everyone. After an hour, Tyler and Mark began to argue again and Mark attacked Tyler causing serious bodily injury. Jake called the police. When the police arrived they arrested Mark for aggravated battery and called an ambulance for Tyler. DISCUSSION

Does Tyler have a claim for damages against Boat Builders, LLC? Why or why not? – Yes, Tyler does have a claim for damages against Boat Builders because they failed to exercise a reasonable standard of care at their premises. As we’re told, Jake (owner of Boat Builders) invited them to the premises after they leave the bar. Because of this, he now had the duty of care responsibility. We were also told that that “Mark made light of it but gave Jake a menacing look, so Jake dropped it,”. Because Mark gave Jake a menacing look, he decided not to get on Mark, which would’ve been the right thing to do as the business owner.

What defense(s) will Boat Builders, LLC likely raise?

Does Tyler have a claim for damages against Mark? Why or why not?