Read the following fact pattern and answer the questions:
Mabel Smith, 80, was shopping at a supermarket with her daughter. She walked slowly, with her niece holding her arm. While walking down the cosmetics aisle, she and her niece maneuvered around an employee who was restocking fruit from a stack of boxes placed in the middle of an aisle. Despite her attempts to walk around the boxes, Mrs. Green's left foot caught on the corner of the bottom box, and she fell to the floor. She sprained her ankle, and her head hit the side of a fruit stand. Because she had hit her head and appeared disoriented, an ambulance was called to transport her to the hospital. She was admitted because she was diagnosed with a concussion, and because doctors discovered she was dehydrated.
Now, Mrs. Green is contemplating litigation against the drug store because of her injuries and medical expenses, and she has retained an attorney. As the paralegal, you are tasked with researching applicable cases so that the attorney can determine whether Mrs. Green would prevail in her lawsuit.
1. What area(s) of law (meaning legal subject matter(s)) would you research to find the cases?
2. What sorts of holdings would you expect the cases to have? Will you look for cases only favorable to Mrs. Green's claims?
3. What possible argument(s) could Mrs. Green make in her suit against the drug store?
4. What possible counter-arguments could the drugstore make?
5. Who do you think will prevail in the lawsuit, and why?