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The owner of a shopping mall hired a construction company to design and construct a new entryway to the mall. The construction company negligently selected an unusually slippery material for the floor covering. A week after the entryway was completed, a customer who had come to the mall to buy cosmetics slipped on the floor of the entryway, sustaining injuries. The customer sued the mall owner for the construction company's negligent design of the mall's entryway.
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A is incorrect. There are limits on the ability of employers to circumvent respondeat superior liability through the use of independent contractors. Work done in a public place held open to the public by a landowner often gives rise to a nondelegable duty on the part of the landowner.
B is incorrect. Proof that prior accidents have occurred is neither necessary nor sufficient to establish negligence or the existence of a nondelegable duty.
C is incorrect. The status of the injured plaintiff is irrelevant to whether the duty is nondelegable. Also, when a business is open to the public generally, members of the public are typically treated as invitees whether or not they intend to make a purchase on any particular visit.