Kelly v. Stop & Shop, Inc.

Opinion

PALMER, J.

The principal issue raised by this appeal is whether this court should adopt the so-called “mode of operation” rule, a rule of premises liability pursuant to which a business invitee who is injured by a dangerous condition on the premises may recover without proof that the business had actual or constructive notice of that condition if the business’ chosen mode of operation creates a foreseeable risk that the condition regu*770larly will occur and the business fails to take reasonable measures to discover and remove it. The named plaintiff,2 Maureen Kelly, commenced this action…