Sam owns a snack shop on the second floor of a commercial building. He left the sink water running while supervising a delivery from the local food supply company. As a result, the sink overflowed and water ran down to the first floor office of Suzanne, an accountant, whose office files were damaged, resulting in clean-up expenses. Sam argues that her act wasn’t intentional, and doesn’t believe he should be legally responsible for Suzanne’s damages. 

Answer the following:

1. Identify the tort theory that Suzanne will use against Sam (name it). 

2. List the four elements of that tort. 

3. describe the standard by which Sam’s conduct will be judged. 

4. Predict whether Sam will be liable here, and describe your answer.