Plaintiff came into defendants grocery store and purchased some cigarettes. He then asked if the store had

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Plaintiff came into defendant’s grocery store and purchased some cigarettes. He then asked if the store had any empty boxes he could use. The defendant instructed the plaintiff that he could find some in the back room and told the plaintiff to help himself. Plaintiff entered the room, which was dark. While searching for a light switch, the plaintiff fell into an open stairwell and was injured. What is the status of the plaintiff (invitee, licensee, trespasser)? How will the status affect the plaintiff’s ability to recover from the defendant, if at all? Do you think the fact that the defendant is operating a business should affect his duty?

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