PREMISES LIABILITY: District Court grants Target’s motion for summary judgment based upon inapplicability of mode of operation

The Second Circuit Court of Appeals affirms summary judgment for Target.  The plaintiff sued Target alleging negligence in creating or failing to remedy a dangerous condition.  He allegedly slipped and fell on an unknown substance, which was described as an orange liquid.  The fall occurred in the infant clothing area of the store.  Summary judgment was granted for Target.  On appeal, the Second Circuit affirms.  “Target’s mode of operation did not give rise to a reasonable risk of injury to customers of the sort experienced by [plaintiff].”

Chaudhry v. Target Corp., 2016 WL 336377 (2d Cir. January 28, 2016)