Moore

Respondent, Juanita Moore, slipped on a french fry in one of appellant Wal-Mart Stores, Inc.’s (Wal-Mart) retail outlets. Moore sustained significant personal injuries for which a jury returned a verdict in her favor. This appeal challenges the judgment on the ground that the jury was incorrectly instructed on liability.

Although established California law imposes liability only if the owner had actual or constructive knowledge of the dangerous condition that precipitated the fall, the trial court omitted this notice requirement from the jury instructions. Rather, the court took the position that, by incorporating a fast food restaurant within the store, Wal-Mart could reasonably anticipate that such a dangerous condition would regularly arise. Consequently, Moore recovered without proving notice.

Several of our sister states have embraced the trial court’s viewpoint. Nevertheless, it is not the law in California. Consequently, the judgment will be reversed.

STATEMENT OF THE CASE AND FACTS

Wal-Mart’s store in Ceres, California, leases space to a McDonald’s franchise. A sign posted by McDonald’s asks customers to enjoy their food and drink inside the restaurant.…