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The tort which Ms. Tom can allege is negligence, in which you must prove that the defendant (Kresge) had legal obligation to behave or refrain from behaving in a particular manner, that the defendant failed to fulfill this obligation by acting inappropriately, thereby causing personal injury and the defendants legal breech of conduct caused the personal injury. So Ms. Tom must prove duty, breach of duty, causation and injury.
In the area of duty, Ms. Tom can allege that the defendant had a duty to ensure that under the “mode-of-operation” rule that Kresge could have reasonably anticiapated that customers might spill items throughout the store since they allowed customers to shop with open beverages within the store...
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