Spot the Tort: Customers in for Shock at this Grocery Store

electrical dangerSpot the Tort isn’t just for lawyers and law students. A layperson was shocked (not literally, fortunately) to find this high-voltage electrical danger smack in the middle of an Atlanta grocery store.

Note to store: Your hidden warning on the back will not protect you from tort liability with regard to your “business invitee” customers. A business invitor has a duty to make the premises reasonably safe for invitees. Sometimes a warning may suffice, but only it if allows customers to negotiate the premises safely.

A lot of negligence questions are murky with no reliable answers, but I feel comfortable predicting that a judge or jury would consider placing these exposed high voltage cables in a place where children often wander freely to constitute an unreasonable risk.

electrical danger close-upIronically, getting close enough to read this warning actually increases the risk.

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Andrew Jay McClurg is a law professor whose teaching and research interests include tort law, products liability, legal education, privacy law and firearms policy. He holds the Herbert Herff Chair of Excellence in Law at the University of Memphis Cecil C. Humphreys School of Law.
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