Slip and Fall Because of Littered Floor In a Market

In Lopez v. Superior Court (1996) 45 Cal. App. 4th 705, 52 cal. rptr. 2d 821, there was evidence "the floor of the market was inherently defective and dangerous because it was 'improperly finished' and became slippery when littered with produce, and . . . that it was common for the floor of the market to be littered with grapes." (Id. at pp. 715-716.) In Frazier v. Yor-Way Market, Inc. (1960) 185 Cal. App. 2d 390, 8 Cal. Rptr. 335, the market patron stepped on a rack that slid along the aisle, causing her to fall. Nothing indicated how long the rack had been on the floor. The employee responsible for monitoring the aisles was unable to say when the floor had been previously inspected. Citing Sapp v. W.T. Grant Co. (1959), the appellate court reversed the nonsuit granted the defendant, declaring "that evidence that an inspection had not been made within a particular period of time prior to an accident may warrant an inference that the defective condition existed long enough so that a person exercising reasonable care would have discovered it."(Frazier, supra, at p. 396, 8 cal. Rptr. 335.)