Maria goes to Kowalski’s grocery shopping. She see’s wagon wheel farm granola is
ID: 428329 • Letter: M
Question
Maria goes to Kowalski’s grocery shopping. She see’s wagon wheel farm granola is out of stock on the shelf. She asks if they can get her more. Mr. Kowalski tells Vinny to go get some from the stock room. He is back in the stock room looking for it and Maria becomes impatient. Maria storms through the doors that are clearly marked “Employees Only” and “No Admittance”. She says, “Are you getting the Granola or what?” Vinny says Maria cannot be in the back room and explains the signs on the door. Vinny insists she must leave and that he will bring her the cereal. Maria ignores Vinny’s request to exit the area and says she will get it herself. Vinny says, “I am ordering you to leave. It is an extremely dangerous area.” Maria continues to ignore him, says the customer is always right, and proceeds to climb on boxes to get up high and reach the cereal. Of course, she falls. She says not to touch her foot. Vinny claims he has had medical training. He grabs her foot and she says, “Owe, I think you broke it!” Maria says to help her up because she has an interview to be an aerobics instructor in 20 minutes. Vinny laughs and says not any more.
1. What is the duty that the grocery store, Kowalski's, has toward its customers? Do you think Kowalski's breached that duty?
2. What would Kowalski's best defense be if Maria brings a lawsuit against the store for her injury?
3. If Maria comes to you, an attorney, and asks you to plead her case, what claims (legal causes of action) might you want to bring against Kowalski's?
Explanation / Answer
Ans: 1 - Kowalski's are not to allow thier customer to enter in dangerous areas where customer could get hurt and could also get injured also. Kowalski's has breached thier duty by allowing Maria somehow enter in that dangerous ares by herself to get cereals.
Ans: 2 - Kowalsi's best defence is that they have mentioned over the store room door that its strictly allowed only employees of Kowalski and no admitance cleary written on door of that stock room. Maria ignored that warning and sign board and stormed through and additionally Vinny ordered her to leave the room and will bring her cereal despite that she climbed herself and got herself injured.
Ans: 3 - Lack of proper tools to climb in stock room caused her fall and injury to her, Kowalski's negligence to keep adequate stock which lead Maria to get her cereals herself becuase she was running out of time so she had to climbe rack herself in stock room and lack of proper climbing tools creates injury to her in whole process.