OBXtek, Inc.

How courts have described this case

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

• adopting the mode of operation doctrine for Massachusetts after discussing the modern trends in premises liability
• “Adoption of [the mode of operation] approach would not hold owners strictly liable to all plaintiffs involved in slip-and-fall incidents on their premises”
• store owners are \thus require[d] . . . to use a degree of care commensurate with the risks involved\
• store owners are “thus require [d] ... to use a degree of care commensurate with the risks involved”
• under traditional approach, plaintiff must prove either that owner caused unsafe condition or had notice of it; under mode of operation approach, foreseeability of condition satisfies notice requirement
• mode of operations approach's application 5 limited to \reasonably foreseeable dangerous condition[s] on the owner's premise that [are] related to the owner's self-service mode of operation\ [emphasis added]

Source: CourtListener parenthetical corpus (CC0).