Beware Thanksgiving Shoppers

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Q: A week before Thanksgiving, our local supermarket was giving away small samples of pumpkin pie topped with whipped cream. The samples had been set on a tray; they were given to customers. My wife and I were shopping there. I slipped and fell on one of these pieces of pie – in an aisle seven feet away from the trays of samples. I was injured. My friend had been there earlier, and even then he saw pie and cream on the floor. Do I have a case?

A: We are talking the law of a ‘foreign substance’. If an outsider had brought the piece of pie into the store, then the law would give the store some time. Jury and judge would ask whether the problem had existed for such time and manner that, in due care, the store should have known about the piece of pie, and should have cleaned it up. In this case, however, it appears that the problem was created by the store itself, and so the focus is less upon time. As you may well know, a store is required to exercise due care and prudence for the safety of its customers. The law makes inquiries from the standpoint of foresight and not hindsight. The basic question is, “Should a store be expected to take further precautions to avoid injury to its customers?”

By: Scott Baron,
Attorney at Law Advertorial

The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.

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