Question

You run a store. A customer recently tripped over a display you placed in the aisle to promote a new product. The customer sued you for her injuries caused when she tripped. What statement below best explains the legal situation against you?

1) She would lose under negligence theory if it was reasonably foreseeable that a person could trip on a display placed in an aisle.

2) She would win under a product liability theory if a reasonable person thought the placement of the sign was dangerous beyond the expectations of an ordinary consumer.

3) She would likely lose if she was previously told to never to return to the store again and was thus a trespasser in the store.

4) She would win under a negligence theory if a reasonable person thought that your placement of the display breached a duty of care to provide a safe passageway in your store.

Answer 1

Answer is 4) She would win under a negligence theory if a reasonable person thought that your placement of the display breached a duty of care to provide a safe passageway in your store.

Product liability cannot be applied as the injury is caused by the display and not any product. It is the store's duty to ensure safety of the customers and that the passage must be unobstructed. There must have been sufficient warning sign or safety precaution such that the display did not hinder the customer's path.