Michelle went to shop for a few groceries at the local Foodmart supermarket. It had been raining on and off for several days and as Michelle parked her car a torrential downpour was in progress.
Michelle parked in the first open space she could find, nearly 150 feet from the store. With the rain coming down harder and harder she pulled her coat collar up well over her head, put her head down and ran quickly towards the entrance to the store. Michelle was wearing shoes that had 4-inch heels.
The heavy consistent rains, a strong wind, and a constant stream of customers had caused a considerable amount of water to be swept into the store each time the automatic doors were opened. As Michelle entered the store she stepped into a puddle of water about 3 inches deep and slipped and fell, breaking her wrist, and experienced considerable pain in her back.
The store manager had instructed her employees to mop the floor just inside the door several times during the previous 8 hours, and she had also placed the following sign on the front panel of the automatic doors:
1. Is Foodmart negligent?
2. What Duty of Care does Foodmart owe to their customers?
3. What measure of damages would Michelle be entitled to?
4. What else, if anything, could Foodmart have done do to make the entrance safer?
If you find yourself out of ways to argue the law, feel free to apply public policy.
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