NFPA Paralegal Core Competency Exam (PCCE)Substantive LawMedium
A paralegal is drafting a complaint for a client who suffered severe injuries after slipping on a wet floor in a grocery store. The client alleges the store failed to place warning signs or clean the spill in a timely manner, despite knowing about it. What specific duty of care does the store owe to its customers in this scenario?
- ADuty to refrain from intentional interference with business relations.
- BDuty to warn of or make safe known dangerous conditions.
- CDuty to avoid extreme and outrageous conduct.
- DDuty of utmost good faith and fair dealing.
Show answer & explanationAnswer & explanation
Correct answer: B. Duty to warn of or make safe known dangerous conditions.
Property owners, especially businesses, owe a duty to invitees (customers) to exercise reasonable care to keep the premises safe, which includes warning of known dangerous conditions or making them safe. The store's alleged failure to warn or clean the spill falls under this duty.
Why the other options are wrong
- A. This duty relates to business torts, not premises liability.
- C. This describes a duty related to intentional infliction of emotional distress, not premises liability for physical injury.
- D. This duty typically arises in contractual or fiduciary relationships, not general premises liability owed to a customer.
Premises Liability (Invitee)
The legal responsibility of a property owner for injuries sustained by an invitee (someone entering the property for the owner's business or mutual benefit) due to a dangerous condition on the premises. The owner owes a duty to exercise reasonable care to keep the premises safe.
- Duty owed to invitees (customers, business guests)
- Owner must inspect for and discover dangerous conditions
- Owner must warn of non-obvious dangers or make them safe
- Breach of duty leads to negligence claim
Memory trick: An 'Invitee' gets the 'Inspection' and 'Warning' duty.