"Where Fillmore County News Comes First"
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Saturday, May 25th, 2013
Volume ∞ Issue ∞
- 11:44:26, May 21st 2013 - airmaxs52274 - Have you ever thought about adding a little bit more than just your a ... [Read More]
- 5:56:33, May 18th 2013 - modgudur - I guess the child is anti-gun control since Obama went to all that trouble ... [Read More]
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Should consumers have to pay sales tax on online purchases?
What is a "Gritty Banana Peel"?
Tue, Dec 28th, 2010
Posted in Ask the Expert
Posted in Ask the Expert
Comments
Scott Springer
A gritty banana peel is one that is aged, brown, and contains dirt, grit, and other filth.
The Gritty Banana Peel Doctrine for lawyers connotes an obligation to protect people on your property. The story goes something like this - if you fall on a banana peel in a store, the storekeeper may be liable for your injuries. In a couple 50 and 100 year old cases, the banana peel's quality determined the storekeeper's liability. If the banana peel was fresh and yellow, it was freshly upon the floor, and the storekeeper was not negligent for not cleaning it up. If the banana peel was gritty and brown, it had been on the floor a while, and the storekeeper was negligent, and thus liable for the customer's injuries.
The doctrine does not apply to just bananas. If a dangerous condition exists, and you should be aware of it but allow it to continue, and someone gets hurt, you may be liable. This would apply to icy lots, wet floors, dangerous animals, or even bullying.
This is a simplistic depiction, and actual facts may vary the obligations and amount of liability, but it is a good rule of thumb.
The Gritty Banana Peel Doctrine for lawyers connotes an obligation to protect people on your property. The story goes something like this - if you fall on a banana peel in a store, the storekeeper may be liable for your injuries. In a couple 50 and 100 year old cases, the banana peel's quality determined the storekeeper's liability. If the banana peel was fresh and yellow, it was freshly upon the floor, and the storekeeper was not negligent for not cleaning it up. If the banana peel was gritty and brown, it had been on the floor a while, and the storekeeper was negligent, and thus liable for the customer's injuries.
The doctrine does not apply to just bananas. If a dangerous condition exists, and you should be aware of it but allow it to continue, and someone gets hurt, you may be liable. This would apply to icy lots, wet floors, dangerous animals, or even bullying.
This is a simplistic depiction, and actual facts may vary the obligations and amount of liability, but it is a good rule of thumb.
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