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Exercise 4

This exercise is about duty and breach.

Jane is shopping in the supermarket. She turns the corner of the aisle and slips on some milk that has been spilled on the floor by a customer. A customer had reported the spill to an employee five minutes earlier, but the manager had decided he needed all his staff on the checkout lines and hadn’t gotten around to assigning anyone to clean it up before Jane fell.

Can Jane recover her medical bills, lost wages, and pain and suffering costs from the supermarket?

A. Yes, because the supermarket owes a duty of care to its customers, and it breached that duty when its staff failed to remove a known hazard.
A is correct. The supermarket has a duty of care to act reasonably to protect its customers from injury. Spilt milk may be unavoidable, but the supermarket is responsible for cleaning it up promptly to avoid injuries to its customers.
B. No, because the supermarket can’t be held responsible when its customers spill milk.
Sorry, but that's not the correct answer. Please select another.
C. Yes, because the supermarket is insured and the insurance company can afford to cover the loss better than the customer can.
Sorry, but that's not the correct answer. Please select another.