A customer slips on a banana peel at a grocery store. The peel was fresh and unblemished except for a mark from the customer's heel. In an action against the store, these are the only facts. Should the trial judge permit the case to go to the jury?

A customer slips on a banana peel at a grocery store. The peel was fresh and unblemished except for a mark from the customer's heel. In an action against the store, these are the only facts. Should the trial judge permit the case to go to the jury?

• A. Yes, because the condition could support res ipsa loquitur.
• B. No, because there is not a reasonable basis for inferring that the grocer knew or should have known of the banana peel.
• C. Yes, because a grocery store has a duty to inspect regularly.
• D. No, because the evidence fails to show a duty.

Answer: (B)