Pumpkin pie is not inherently dangerous

October 23, 2014

  • 272 Negligence
  • 272XVII Premises Liability
  • 272XVII(C) Standard of Care
  • 272k1075 Care Required of Store and Business Proprietors
  • 272k1076 In General

10-22-14Supermarket’s giving away samples of pumpkin pie, which was covered with whipped cream, did not constitute an inherently dangerous activity imposing an extra duty of caution on the store, which was sued for injuries sustained by customer when, on the day before Thanksgiving, he slipped and fell on one such sample at a point some seven to ten feet from the sample tray; nor was such promotional activity so foreign to the operation of the market that it imposed a duty of extra caution.

Long v. Smith Food King Store, 531 P.2d 360, (Utah, 1973)