Janis v. Nash Finch Co., 2010 SD 27

Summary

The Supreme Court of South Dakota held that a supermarket owed a business invitee a duty to exercise reasonable or ordinary care to keep its premises reasonably safe. The court rejected the trial court's use of the absence of prior similar incidents as determinative of foreseeability, concluding that foreseeability depends on all surrounding facts and circumstances. It reversed the grant of summary judgment and remanded for further proceedings, including a jury determination of breach.

Holdings

1. The absence of prior similar incidents is not determinative of foreseeability. Foreseeability must be assessed from all the surrounding facts and circumstances existing at the time of the injury.
2. Because the risk of harm was foreseeable, Prairie Market owed Janis, a business invitee, a duty to use reasonable or ordinary care to make its premises reasonably safe.
3. Summary judgment was improper because the trial court applied an incorrect legal standard to foreseeability, and whether Prairie Market breached its duty was a question of fact for the jury.

Questions Presented

1. Whether the absence of prior similar incidents made the risk of harm unforeseeable as a matter of law.
2. Whether Prairie Market owed Janis, a business invitee, a duty of reasonable or ordinary care to keep its premises reasonably safe.
3. Whether summary judgment was proper on the ground that Prairie Market owed no duty.

Disposition

reversed_and_remanded