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Troupe Was Shopping at a Burlington Coat Factory Store When

Question 284

Multiple Choice

Troupe was shopping at a Burlington Coat Factory store when she slipped and fell on a berry, causing injuries. She sued the store for negligence for failure to keep the floor clean of spills and objects that might cause patrons to fall. The appeals court held that Troupe:


A) did not show that there was notice of a dangerous condition before her fall so the store was not liable.
B) failed to show that the berry existed; without such evidence the store was not liable.
C) could collect compensatory damages for her injury as the store had a duty to make the premises safe, but she could not recover punitive damages as there was no evidence of willful misconduct by the store.
D) could collect compensatory damages for her injury as the store had a duty to make the premises safe; she could also recover punitive damages as there was evidence of numerous instances of unsafe conditions in the store.
E) none of the other choices are correct.

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