dissenting:
I am not disposed to overturn the trial court’s judgment in this case. Audrey Judson was injured when she sat on a bench that *330collapsed underneath her. In reference to the bench, an independent witness testified that a wooden member “just snapped,” “broke right in half,” thereby plummeting Audrey Judson to the floor.
There is nothing in the record to show that the restaurant had anything to do with the snapping wood, nothing to show that inspection, repair, maintenance or other activity on the part of Roundtable management would have or could have kept the wooden bench from snapping and breaking right in half.
Audrey Judson may have an action of some kind against the designer or manufacturer or supplier of the bench, but I agree with the trial court that there is nothing in the record to support a negligence action against the restaurant. To the contrary, it is undisputed that Roundtable reasonably and regularly inspected all benches on the premises. In all probability, the type of product defect involved here could have been discovered only by some kind of refined engineering or material analysis not normally a part of a restaurant operation. The fact that the bench is no longer available for inspection might have an adverse effect on a products liability claim against the designer, manufacturer or supplier of this bench, but I cannot see the loss of the bench as substantially prejudicing Audrey Judson’s case against Roundtable, absent a showing of intentional wrongdoing on its part.
Finally, I do not see this as a res ipsa loquitur case. As stated in American Elevator Co. v. Briscoe, 93 Nev. 665, 669, 572 P.2d 534, 537 (1977), the plaintiff “must at least show that it is more probable than not that the injury resulted from defendant’s breach of duty.” As I see it, it is not at all probable that Audrey Judson’s injuries were caused by Roundtable’s negligence; in fact, it is highly improbable that any claimed failure of Roundtable to inspect the bench or any other fault of Roundtable’s contributed to this injury.
As we have stated in previous cases, “the owner or occupant of property is not an insurer of the safety of an invitee thereon; that the mere fact there was an accident or other event and someone was injured is not of itself sufficient to predicate liability. Negligence is never presumed but must be established by substantial evidence.” Eggers v. Harrah’s Club, Inc., 86 Nev. 782, 784, 476 P.2d 948, 949-50 (1970) (citation omitted). Thus, merely showing that the bench collapsed is insufficient, without more, to establish a breach of Roundtable’s duty to provide reasonably safe business premises to its customers. I would affirm.