Jackson v. K-Mart Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that proprietors are liable in mode-of-operation cases only if they adopted mode of operation which made recurring dangerous conditions reasonably foreseeable and failed to exercise reasonable care under circumstances
• explaining that the mode of operation theory applies to those accidents caused by a dangerous condition that was a reasonably foreseeable consequence of the mode of operation
• noting broad trend toward modifying premises liability law in retail establishments and discussing various ways in which traditional rule has been altered
• identifying question of reasonable foreseeability under mode-of- operation analysis as a fact question
• spilled avocado juice from in-store cafeteria that permitted customers to carry food onto shopping floor
• plaintiff asserted premises liability claim on basis of defendant's mode of operation, that is, allowing customers to take food and beverages purchased at instore cafeteria to other parts of store

Source: CourtListener parenthetical corpus (CC0).