A home improvement store has an assembled kids playset on display. There
are no signs waming parents not to let their kids play on it. When a child
climbs on the playset, it collapses and the child breaks her wrist. The playset
was not assembled properly for use because it was only for display. Is the
home improvement store negligent?
A. Yes. The store has a duty of care to provide a safe environment
and not assembling the playset correctly or putting up warning
signs is a breach of duty. The breach caused the playset to
collapse and resulted in harm to the child.
O B. Yes. Home improvement stores are held to a higher standard of
care than other stores because they sell some dangerous items.
Even though a reasonable person wouldn't climb the playset, the
store is still negligent.
O C. No. Home improvement stores do not have a duty to ensure the
safety of their customers because they sell some dangerous
items. Without duty to the customer, the store cannot be negligent.
OD. No. The store is not in violation of a breach of duty because
customers should know never to climb on or use anything on
display in a store. Without breach of duty, the store is not
negligent