Reaching for a bottle of soda from a display in a Big Bargains store, Cody slips in a puddle of spilled soda and falls, suffering an injury. Big's employees are not aware of the spilled soda until Cody falls. In a suit against Big, Cody will most likely
A) lose, because Big's employees were not aware of the spill.
B) lose, because Cody should have exercised more care.
C) win, because Big can in turn recover from the soda bottler.
D) win, because the spilled soda was foreseeable.

Question

Quizplus · Accepted Answer

The fact that Cody slipped on a puddle of spilled soda suggests that the spill had been there long enough for it to become a hazard. This means that it was foreseeable that someone could slip and suffer an injury. Even if Big's employees were not aware of the spill, they have a duty to inspect the premises and make sure it is safe for their customers. Cody can argue that Big failed to meet this duty, making them liable for his injuries. As for whether Big can recover from the soda bottler, this is a separate matter and does not affect Cody's claim against Big.

Reaching for a Bottle of Soda from a Display in a Big