Back to Questions
The Title 28 of the United States Code QUESTION #3722
Question 1
A shopper in a grocery store slips on a banana peel that is dark brown and flattened. There are no witnesses to when it fell. To win a negligence case, what must the shopper prove regarding the store's 'notice'?
  • The store had 'actual notice' (an employee saw it fall).
  • The store had 'constructive notice' (it was there long enough that the store should have discovered it).✔️
  • Nothing; stores are strictly liable for slip-and-falls.
  • The store failed to have a 'banana-free' policy.
Correct Answer Explanation
In premises liability, if the defendant did not have actual notice of the hazard, the plaintiff must show constructive notice. The dark, flattened state of the peel suggests it had been there for a significant amount of time.