Buerosse v. Dutchland Dairy Restaurants, Inc.

This appeal deals with (1) the duty of the restaurant owner to its patrons; (2) the duty of the patron as to her own safety; and (3) the comparison of the negligence of each as determined by the jury.

Duty of restaurant owner. The trial court instructed the jury that it was the duty of the restaurant owner to maintain the floor in question as safely as the nature of the place would reasonably permit, but that, for a finding of negligence, it was required that the restaurant owner be warned “either by actual notice of the alleged defect in time to take reasonable precautions to remedy the…