Jury Charges Commercial Mode of Operation

Posted by Richard P. Hastings | Jan 10, 2012 | 0 Comments

In an instant, you slip and fall in a grocery store in Hartford, Connecticut and everything changes.  Your life is suddenly put on hold.  You are in constant pain, you have mounting medical bills and you cannot work.  Where do you turn and what do you do?  Our firm has been helping people like you for decades.  You get better and we will handle everything else.

The lawyers conclude their closing statements and now it is time for the trial judge to turn your case over to the jury for deliberations. Prior to the jury getting your case, the judge will have to instruct the jury on how to apply the law to the facts of your case. The way in which the judge does this is to "charge" the jury. The judge might give the following jury charge as it relates to the issue of commercial operation:

Commercial Mode of Operation.  The plaintiff has alleged that (his/her) injuries were caused by the mode by which the defendant operated the business, in particular, by the way the defendant designed, constructed or maintained the self-service salad bar.

This is called the mode of operation rule.  Under this rule, the plaintiff need not show that the defendant had notice of the particular item or defect that caused the injury.  Rather, the plaintiff must prove: 1. that this mode of operation gave rise to a foreseeable risk of injury to customers, 2. that the defendant failed to exercise reasonable care to avoid foreseeable accidents created by this mode of operation, and 3.  that the plaintiff's injury was proximately caused by such failure.

Before you hire a Connecticut lawyer, speak to an insurance adjuster, or sign any paperwork, download a copy of our FREE book "The Crash Course on Personal Injury Cases in Connecticut". Call our team of dedicated Hartford Connecticut Slip and Fall Lawyers today at 888-244-5480 for a free consultation!

About the Author

Richard P. Hastings

Attorney Hastings concentrates his practice on personal injury and litigation. Devoted to helping those who have suffered some type of wrong, Richard P. Hastings concentrates his law practice on personal injury law.


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