Reference no: EM132183084

Maria goes to Kowalski’s grocery shopping. She see’s wagon wheel farm granola is out of stock on the shelf. She asks if they can get her more. Mr. Kowalski tells Vinny to go get some from the stock room. He is back in the stock room looking for it and Maria becomes impatient. Maria storms through the doors that are clearly marked “Employees Only” and “No Admittance”. She says, “Are you getting the Granola or what?” Vinny says Maria cannot be in the back room and explains the signs on the door. Vinny insists she must leave and that he will bring her the cereal. Maria ignores Vinny’s request to exit the area and says she will get it herself. Vinny says, “I am ordering you to leave. It is an extremely dangerous area.” Maria continues to ignore him, says the customer is always right, and proceeds to climb on boxes to get up high and reach the cereal. Of course, she falls. She says not to touch her foot. Vinny claims he has had medical training. He grabs her foot and she says, “Owe, I think you broke it!” Maria says to help her up because she has an interview to be an aerobics instructor in 20 minutes. Vinny laughs and says not any more.

1. What is the duty that the grocery store, Kowalski's, has toward its customers? Do you think Kowalski's breached that duty?

2. What would Kowalski's best defense be if Maria brings a lawsuit against the store for her injury?

3. If Maria comes to you, an attorney, and asks you to plead her case, what claims (legal causes of action) might you want to bring against Kowalski's?