...argued that sections 318, 344, and 390 of the Restatement (Second) of Torts (Restatement (Second) of Torts §§ 318, 344, 390 (1965)) support her contention that a jury could find defendant negligent. Each section identifies...careless or criminal conduct by third persons, based on the place or character of his business or his past experience. Restatement (Second) of Torts § 344, Comment f, at 225-26 (1965).
According to the statement of law in section 318, "If...dangerous under particular conditions or situations, the actor has a duty to exercise vigilance "only if there is a reasonable probability that such a condition or situation will arise." Restatement (Second) of Torts § 318, Comment c, at 128 (1965).
It is apparent from the comments following each section discussed...