T3BE 140: Full Question Text for Patrons
Added 2019-08-23 03:31:00 +0000 UTC
Comments
With only the facts given, I'd say B. The store has a duty to keep their aisles clean and safe regardless of where the peel came from but they can't reasonably be expected to instantly be aware of and immediately take care of all potential hazards. The freshness undermines a negligence claim which would need some sort of supporting evidence to be reasonable.
Alexis Olson
2019-08-23 14:01:26 +0000 UTCI think D, because the merchant can reasonably expect all kinds of accidents in their store. That's why they carry liability insurance. In fact, I think the condition of the banana peel is a red herring. If the peel was put there maliciously by another customer it wouldn't have mattered. It's up to the merchant to make sure the store aisles are clear of dangers for customers. This should have never have reached litigation and a jury trial. It should have been settled with the insurer. And if the accident was in fact caused by a third party and that person can be identified (e.g. store surveillance video), then the merchant's insurer would sue that third party to recover the damages.
Irene Johnson
2019-08-23 09:11:05 +0000 UTC
