Question
Scenario :MabelSmith, 80, was shopping at a supermarket with her daughter in Montgomery County, Maryland.She walked slowly, with her daughter holding her arm.While walking down
Scenario:MabelSmith, 80, was shopping at a supermarket with her daughter in Montgomery County, Maryland.She walked slowly, with her daughter holding her arm.While walking down an aisle, she and her daughter maneuvered around an employee who was restocking fruit from a stack of boxes placed in the middle of the aisle.Despite her attempts to walk around the boxes, Mrs. Smith's left foot caught on the corner of the bottom box, and she fell to the floor. She sprained her ankle, and her head hit the side of a fruit stand.Because she had hit her head and appeared disoriented, an ambulance was called to transport her to the hospital. She was diagnosed with a concussion and had bruises and a cut on her head and spent two days in the hospital.
Mrs. Smith wants to file a lawsuit in the Circuit Court for Montgomery County, Maryland, against the supermarket to recover costs for her medical expenses.
C. Assume that a prominent law school Law Review Journal article, based on research of case law in all 50 states, summarizes law in "slip and fall" cases similar to Mrs. Smith's case. The article summary concludes that the modern trend in law holds that where the plaintiff shows that circumstances in a business created a reasonable probability that the dangerous condition would occur and the business had knowledge of the dangerous condition, the business will be liable for the plaintiff's injuries.
1. Would this summary of the law provide mandatory authority or persuasive authority for Mrs. Smith's case?
2. Explain your answer.
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