Gomez v. Stop & Shop Supermarket Co., No. 11-1665 (1st Cir. 2012)Annotate this Case
While walking through defendant's supermarket, plaintiff felt a sensation, as though he could not lift his foot, which caused him to lose balance and fall to the floor. No one witnessed the incident, observed anything wrong with the floor, or saw any foreign substance. Plaintiff had a fractured hip and other injuries. The trial court entered summary judgment for defendant. The First Circuit affirmed. The "mode of operation" approach that may be applied to self-service stores does not displace the notice requirement of premises liability. Liability cannot attach without facts indicating that defendant reasonably should have foreseen the existence of a dangerous condition.