FGA, Inc. v. Giglio

At issue in this appeal was whether the "mode of operation" approach to premises liability, under which the plaintiff does not have to prove the defendant's knowledge of a particular hazardous condition if the plaintiff can prove that the nature of the defendant's business tends to create a substantial risk of the type of harm the plaintiff suffered, extends beyond the self-service context. The Supreme Court held (1) because the mode of operation approach is premised on the idea that business owners should be held responsible for the risks that their choice to have customers serve themselves creates, it does not extend to "sit-down" restaurants; (2) the district court abused its discretion by giving a mode of operation instruction in this case; and (3) the district court abused its discretion by excluding certain evidence. Remanded.