2. You are a member of a jury on a civil case involving the question of negligent se- curity. In this case, a young man was killed by a stray bullet at a restaurant park- ing lot at night during the weekend as he approached a group of rowdy people about to fight. The restaurant had a history of three gun incidents before the murder: 1 month earlier a shot was fired into the restaurant, without injury; 3 months earlier police arrested an individual for assault in the parking lot and confiscated a pistol; and 5 months earlier police found a revolver in the bushes in the parking lot following an arrest for public intoxication. Each incident occurred at night during the weekend. Following these three incidents, the restaurant main- tained the same level of security on the premisesdgood lighting and training em- ployees to call police when a crime occurred. Does the business owe a duty to provide a safe environment to those who enter the premises? Did the restaurant breach that duty? If the duty was breached, was it the proximate cause of the criminal act and the murder? Is there foreseeability in this case? Is the restaurant negligent? Why or why not?
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