Question

use IRAC to answer the following:

During a severe thunderstorm, Alee sought shelter inside Bob's Grocery Store (“Bob's”). Alee slipped on a bunch of grapes that she failed to notice had fallen from a display near the entryway. After Alee’s fall, witnesses described the grapes as “smashed,” “flattened,” “squished,” and “gritty.” The store manager told Alee that the area where Alee’s fall occurred had been swept no more than 35 minutes before she fell. As a result of the fall, Alee suffered a broken arm and a broken ankle.
Later that same day Liz, while shopping in Bob's, accepted an offer to sample a new product, “Mom’s Fluffy Blueberry Muffins,” baked and distributed by Mom’s Bakery, Inc. As she was chewing what she thought were blueberries, she bit down on a pebble the size of a blueberry and broke a tooth.
On what legal theories, if any, can Bob's be held liable for personal injury to Alee and Liz? Discuss.

Answer 1

Case I -

Issue - Alee, the plaintiff slipped on the ground of Bob, the defendant's departmental store while walking on the floor after taking shelter into the store to svae herself from a thunderstorm, and left with an arm and an ankle broken.

Rule - To determine if the defendant owed a duty to the plaintiff and failed to discharge it resulting in the slip and the damages.

Application - Since the plaintiff was not supposed to be there in normal course, hence the defendant did not owe her a duty. Further, the plaintiff failed to locate the grapes accidently fallen on the floor, that also makes her negligent in her conduct.

Conclusion - Since the defendant did not owe her a duty, he has no liability for the damages, which was caused partly by chance ( grapes slipping on the floor) and partly by plaintiff's negligence.

Case II -

Issue - The plaintiff suffered tooth injury while sampling a muffin produced by Mom's bakery Inc. and sold by Bob's depsrtmental store.

Rule - Did Bob's or Mom's bakery owe a strict liability to the customer.

Application - If the sample was offered to the plaintiff for free, there was no consideration for it. The offer was voluntary, hence there was no contract between the parties.

Conclusion - As there was no contract betwen the parties in absence of consideration, there can be no strict liability on anyone's part ( Bob's or Mom's bakery)