Mode of operation instruction not proper for a slip and fall on a berry in New Jersey retail clothing store. Summary judgment granted.

Although the courts have found open bags of berries to be part of the self-service in grocery stores—which would permit the mode of operation charge to negate the plaintiff having to prove the element of notice—a berry in a retail clothing store is not part of the self-service. As there was no nexus between the berry, the self-service component of the store and the plaintiff’s slipping, summary judgment was granted.

_{Case Law Alerts, 3rd Quarter, July 2016}

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