Case Law Summaries

Ryder v. Ocean County Mall

• Opinion Date: June 1, 2001
• Real Property Law
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LANDOWNER’S LIABILITY; NEGLIGENCE—A shopping mall that operates a food court is presumed to have notice that spills of food and drink are likely to occur even outside of the food court.

A shopping mall customer slipped and fell on what appeared to be a spilled drink in an area of the mall but not within its food court. At trial, the lower court judge charged the jury that “when a plaintiff has shown that the circumstances were such as to create the reasonable probability that the dangerous condition would occur, she need not also prove actual or constructive notice of the specific condition. Factors bearing on the existence of such reasonable probability would include the nature of the business, the general condition of the premises, a pattern of conduct or reoccurring incidents.” The mall contended that the charge should not have been given in this case. The charge came from a case where a patron of a self-serve cafeteria fell and, when arising from her seat at the counter, she stepped into a “sticky,” “slimy” substance on the floor behind her seat. She also saw other drippings and debris on the floor and that upon being helped to her hands, her knees and dress were dirty. Here, the mall argued that there was no testimony of poor or improper conditions or maintenance or uncleanliness at the shopping center or other practices which would lead to a general state of disorder at the mall. Hence, it argued that it was error to permit the jury to consider the facts without some evidence of constructive of the spill of a drink on the floor. The Court rejected its argument, noting that the mall did not restrict the carrying of, or consumption of, food and drink anywhere in the common areas of the mall. Indeed, near the planter, where the customer fell, customers were accustomed to sit and eat. “Given that mode of operation, the Mall becomes the functional equivalent of a cafeteria. It was not uncommon to get reports of one or more spills everyday and more spills are reported on weekends and during the holiday season. The Mall, therefore, can reasonably be charged with notice that food and drink spills are likely to occur and do occur anywhere and at any time in the common areas.”

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