1. Torts Law 612, Assignment # 15, Bryant, # 8277
Alee v. Bobs
On what legal theories, if any, can Bob's be held liable for personal injury to Alee and Liz?
Requires a showing a duty was owed, the duty was breached, which actually and proximately
caused damage to the person or property of another.
Here, Bob’s Store manager was negligence because he did not act as to a person with ordinary
prudence. He had the floor swept no more than 35 minutes before Alee fell, but the display of
grapes near the entryway was not secured because it had fallen prior to Alee’s fall causing
injuries. Bob’s Store manager should have acted as a responsible employee and did not operate
his store under safe conditions with have unsafe display of grapes near the entryway. Bob’s Store
can argue that the display was secure at the entryway and Alee had an accident by hitting the
display. Therefore, this will fail because of witnesses, a reasonable person would have not
display grapes at the entryway.
Thus, Bob’s Grocery Store will be liable for negligence.
Duty to inspect, discover and correct and warn – owed to all foreseeable users.
The duty to conduct oneself as a reasonable person under the same or similar circumstances. A
business owner has a general duty of care to exercise duty care towards preventing harm to
Here, Alee sought shelter in Bob’s grocery store during a severe thunderstorm and it a
foreseeable plaintiff in the zone of danger, whereas Bob’s store owed a duty because Alee’s
slipped on a bunch of grapes that she failed to notice had fallen from a display near the entryway.
Therefore, Bob’s store manager must act as a reasonably prudent person under the
circumstances. Bob’s store can argue that the display was in a safe location and she did not the
display before her fall, but she had accidentally fallen. Whereas, Alee’s can argue that the store
did not conduct themselves under safe
conditions for customers.
Thus, Bob’s Grocery Store will be liable for general duty.
A person who comes upon the premises or property with owner’s permission. The owner has a
duty to inspect, correct or warn of any dangers.
The invitation of a business may be direct,
express or implied, whereas an invitee is entitled to assume safe conditions on the property or