Slip and Fall on Lettuce Injury In California

In McKenney v. Quality Foods, Inc. (1957) 156 Cal. App. 2d 349, 319 P.2d 448, the practice of the market was to have the checkout counter clerks clean produce and drop discarded remnants on the floor. Orders were to clean up immediately. Brooms and dustpans were located within reach. An employee testified he had swept the area 5 to 10 minutes before plaintiff slipped on lettuce and fell, but had not swept or inspected the aisle where she fell. Other employees denied seeing anyone sweep during that time frame. The evidence was sufficient to establish actual knowledge of an existing danger in that vegetable matter was regularly being placed on the floor and required immediate clean-up.