Yes, I believe Ms. Tom has a case against Kresge’s store and I believe that she has a strong chance of winning this case. However it will be challenging to pursue depending on how prepared the store is to argue her case.

Element 1 is Duty. Kresge’s store has a duty to make sure they provide a safe environment for its employees and its customers. They have an affirmative duty to inspect for defects and problem areas within and outside of the store, but store employees don’t have to follow people around to see if someone spilled something on the floor. If it was a known problem then the store had a breach of duty. Researching the case online I found that the store allowed people to bring drinks in from outside. The store is increasing their risk if they allow this to happen because anyone can spill a drink and someone can slip on it. This is way may store post signs outside that state “No food or Drinks allowed”. This could also be a breach of duty or negligence on their part.

Element 2 is Breach of Duty. The store would also have a breach of duty if for example the store had a leaking refrigeration unit then they are responsible for fixing the problem. This would be a difficult situation to prove. The store may have opened a maintenance ticket to repair the problem but the repair facility may have them on a schedule. This shows that the store took responsibility and has a plan to fix the problem. The store would also have to bring their maintenance records to the courtroom to prove the units have been properly maintained. Either way if the plaintiff may somehow try to prove that it is the stores fault because they didn’t keep the floor cleaned. The store will have to examine this from every angle and make sure they are protected. As I said earlier the store does not have to follow every shopper around making sure they didn’t spill anything.

Element 3 is