Reference no: EM132233953

Restaurant leases one of their buildings from Davenport Commercial Properties (DCP). Ashton noticed that the stair railings leading up the walk to the restaurant wobbled and appeared unsteady. Ashton hammered a nail in each side to secure the railing. When the railing continued to wobble, Ashton called Dale at DCP to repair it. Dale came to fix the railing on Ashton’s day off. Dale replaced the nails with screws. Several days later, a plus-size customer grasped the railing while climbing the stairs. The railing came loose causing the customer to lose his balance and fall down the steps. The customer suffered a broken hip and spent two weeks in the hospital and three weeks in a rehabilitation center. The customer sued Dale, DCP and Restaurant to recover his medical expenses, damages for emotional distress and pain and suffering.

Evaluate and describe the arguments for the three parties named in the lawsuit. Determine which party should win. Explain your selection and support your answer with relevant scholarly sources.