Canfield v. Albertsons, Inc

In Canfield v. Albertsons, Inc, 841 P.2d 1224 (Utah Ct. App. 1992), the plaintiff slipped on a piece of lettuce that was part of a lettuce display known as a "farmer's pack," meaning that the lettuce did not have its wilted outer leaves removed. Instead, shoppers were invited to remove the outer leaves and discard them into empty boxes that Albertsons had placed on the floor. The plaintiff slipped on a piece of discarded lettuce on the floor and sued, claiming that the farmer's pack method of display was a permanent unsafe condition. The Court agreed and emphasized that "it was reasonably foreseeable that some leaves would fall or be dropped on the floor by customers thereby creating a dangerous condition." The elements of foreseeability and inherent dangerousness were met.