That’s just bananas!

Posted by T. Greg Doucette on Oct 21, 2009 in The 1L Life

Did the MythBusters lie to me?

We’ve been covering negligence in Torts, and the section on proof starts out with a sextet of slip-and-fall cases. What do the folks in the first 3 cases slip and fall on?

A banana peel. :surprised:


For some reason I thought people slipping on bananas were a comedic device.  But from Goddard v. Boston & Maine RR Co. (179 Mass. 52) (no liability since no evidence Defendant could have known banana peel on the floor) to Anjou v. Boston Elevated Railway Co. (208 Mass. 273) (liability since condition of banana indicated it was there long enough that Defendant should have known its presence) to Joye v. Great Atlantic and Pacific Tea Co. (405 F.2d 464) (remanded since jury could not determine how long banana had been on floor based on evidence presented), not only do these banana cases apparently happen in real life — they’re actually cited by one of the widest-used Torts textbooks. :crack:

And that’s no monkey business…1

  1. Thanks for indulging me with the puns :* []

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