A lawyer lived in a gated community in an upscale suburban area. In order to enter the community, a non-resident had to be on a list of people identified as permitted to enter. The guards were hired by a security company, which was contracted and paid for by the residents of the community. The lawyer felt it essential to live in a community with a guarded entrance because he practiced divorce law and often dealt with angry, vengeful spouses. The lawyer had conveyed this information to the guards, he made it absolutely clear that no one was to enter the community on his behalf without his permission.

One night, the lawyer was at home working when he heard a knock at his front door. He opened the door to find himself facing the barrel of a very large shotgun, held by the husband of one of his clients. Apparently, unbeknownst to the lawyer, the guards at the front gate had become lax about checking their list of persons allowed to enter the community and had allowed the husband to enter without confirming that he was on the list. The husband attacked the lawyer and began beating him severely. Several minutes later, the security guards arrived and removed the husband from the premises.

If the lawyer brings an action against the security guard company for his injuries, will the lawyer prevail?