Chiara v. Fry's Food Stores of Arizona, Inc

In Chiara v. Fry's Food Stores of Arizona, Inc., 152 Ariz. 398, 733 P.2d 283 (1987), the Arizona Supreme Court applied the rule to a supermarket in which a customer slipped on creme rinse that had come from a sealed bottle. 152 Ariz. at 401, 733 P.2d at 286. There, a store clerk testified: "Let's put it this way: I can't say I remember it the creme rinse Chiara had slippedon--cleaning up any exact one thing. There's lots of things I have to clean up in the store. It's not the cleanest place." Id. The court held "that a jury should determine if the defendant reasonably could have anticipated that sealed bottles regularly were opened and spilled." Id.