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ASE: 15
BACKGROUND
· Ms. Dee Dee Medley, a business invitee, brought a negligence lawsuit against the well-known
retail store, Home Depot, for injuries she sustained while in the store.
· While shopping in Home Depot, Ms. Medley slipped and fell on a slippery substance, later
discovered to be oil.
· Ms. Medley alleged that at the time of the incident, a group of teenagers, who were running wild
in the store, intentionally opened a can of oil and poured it on the oor.
· Ms. Medley claimed that Home Depot had a duty to inspect the aisles for dangerous conditions,
especially since Home Depot knew about the teens' mischief, which resulted in the oil on the
oor and injury to her.
BEFORE YOU BEGIN
You Be the Judge!
You Be the Judge!
Medley v. Home Depot, Inc.
Duty of Care of Business Owners Against Personal Injury to
Their Customers
What is negligence?
Negligence is the breach of a duty of care by
a defendant which is the cause of injuries to
another person whom the defendant has an
obligation to protect from harm.
What is a "slip and fall" injury?
A slip and fall injury stems from a person
slipping and falling on the ground, allegedly
caused by the negligence of the owner or
possessor of the property.
What is a business invitee?
A business invitee is a person who is invited
to enter or remain on land for the purpose
of conducting business dealings with the
occupier of the premises--for example, a
customer in a retail store.
What is a business owner's duty to
inspect?
An owner/possessor of land has a duty to
warn business invitees of dangers it actually
knows about, as well as dangers that it should
have known about through reasonable
inspection, on the premises. This requires
that all business owners conduct regular
inspections of the premises for potential
dangers.
For Evaluation Purposes Only