· 2/17/1987
Chiara v. Fry's Food Stores of Arizona, Inc.
Citations
- 733 P.2d 283
- 152 Ariz. 398
- 1987 Ariz. LEXIS 136
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- acknowledging plaintiff has burden of proof in slip-and-fall cases governed by “mode-of-operation” rule, just as in any other negligence case; rule simply alters elements required to prove case
- applying the mode-of- 23 operation rule when the plaintiff slipped on cream rinse in a grocery store and two 24 employees testified that spills occurred regularly
- acknowledging plaintiff has burden of proof in slip-and-fall cases governed by “mode-of-operation” rule, just as in any other negligence case; rule simply alters elements required to prove case
- \person injured in a supermarket will rarely be able to trace the origins of the accident\
- mode of operation rule potentially applicable to plaintiff's slip and fall on spilled crème rinse when defendant \reasonably could have anticipated that sealed bottles regularly were opened and spilled\
- mode of operation rule potentially applicable to plaintiffs slip and fall on spilled creme rinse when defendant “reasonably could have anticipated that sealed bottles regularly were opened and spilled”
Source: CourtListener parenthetical corpus (CC0).
Judges: Jack D.H. Hays
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.