Flora gonzalez visited a wal-mart store while walking in a


Flora Gonzalez visited a Wal-Mart store. While walking in a busy aisle from the store’s cafeteria toward a refrigerator, Gonzalez stepped on some macaroni that came from the cafeteria. She slipped and fell, sustaining injuries to her back, shoulder, and knee. She filed a suit against Wal-Mart, alleging that the store was negligent. She presented evidence that the macaroni had “a lot of dirt” and tracks through it and testified that the macaroni “seemed like it had been there awhile.” Assume that you are the judge in the trial court hearing this case and answer the following questions: a. What is the nature of the duty owed by businesses, such as Wal-Mart in this case, to their patrons? Explain. b. Did Wal-Mart breach that duty in this case? Explain. c. In deciding whether Wal-Mart should be held liable for Gonzalez’s injuries, does it matter that she was walking in a busy aisle when she stepped on the macaroni? Explain.

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