Slipped on a Banana Peel

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Q: At the supermarket, in front of the entrance to the cashier’s lane, I slipped and fell on a crushed, dirty banana peel.  Of course, I did not see the banana peel before my accident.  I noted it for the first time after I fell.  I have no idea how the banana peel got on the floor or how long it had been there.

A: In cases like this, the manager generally will testify that she passes by frequently, to make sure there is no debris on the floor, that the front end of the store is maintained at all times, that a porter is available in case sweeping is needed and that everything is taken care of as soon as it is observed.  Upon observing a banana peel or other spillage on the floor, a cashier will immediately pick it up or call the manager to have the floor cleaned.

You will need to show otherwise – that owner had ‘notice’ of the dangerous banana peel.  The peel was visible and apparent, and it existed for a sufficient length of time to permit the owner’s employees to discover and remove it.  Please understand: under our law, the supermarket is not an insurance company for you.

Also, you cannot rely merely on the crushed and dirty condition of the banana peel.  Unfortunately, the condition of a banana peel is not sufficient to warrant an inference that it has been on a supermarket floor for a long time.  For all we know, the banana peel had been deposited only seconds before.  Before your accident, it may not have been at all crushed and dirty.  Bear in mind, an accident like this hurts the peel, too.

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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