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Zittrain Torts Playlist Spring 2013

Brown v. Wal-Mart

Headnote

Should a defendant’s liability be excused if the action of an unknown intervening party seems to be a more substantial cause of the plaintiff’s injury? Plaintiff is a young boy who slipped on ice and water in the vestibule of defendant’s store. The evidence suggested that another customer had caused the spill; however, defendant was unable to provide any evidence identifying a specific customer. There is also evidence that the defendant’s business practice created a distinct possibility of customers spilling drinks in the entrance-ways of the store.