Johnny arrives at the restaurant one morning to discover Marshall breaking in through the back door.

Johnny arrives at the restaurant one morning to discover
Marshall breaking in through the back door. Johnny yells out and Marshall tries
to run away. On the previous evening, one of Johnny’s waiters left a mop and
bucket on the path that leads from the back door to the back gate. While
running away, Marshall steps into the bucket, trips and falls flat on his face
and breaks his nose. He is still lying on the path and moaning when the police
arrive. Marshall is now threatening to sue Johnny in the tort of negligence for
the cost of his injuries. Is Marshall likely to succeed?

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