Question: Ludmila Hresil and her niece were shopping at a Sears

Ludmila Hresil and her niece were shopping at a Sears retail store. There were few shoppers in the store at the time. Hresil spent about 10 minutes in the store's women's department, where she observed no other shoppers. After Hresil's niece completed a purchase in another part of the store, the two women began to walk through the women's department. Hresil, who was pushing a shopping cart, suddenly lost her balance and struggled to avoid a fall. As she did so, her right leg struck the shopping cart and began to swell. Hresil observed a "gob" on the floor where she had slipped. Later, a Sears employee said that "it looked like someone spat on the floor, like it was phlegm." Under the reasonable person standard, did Sears breach a duty to Hresil by not cleaning up the gob? Hint: Assume that Hresil could prove that the gob was on the floor only for the 10 minutes she spent in the women's department.

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  • CreatedJuly 16, 2014
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