A state statute requires that all retail stores mop up liquid spills within 15 minutes of discovery to ensure customer safety. A shopper in a supermarket slips on spilled juice that had been on the floor for 20 minutes. The supermarket manager argues that the spill occurred in an aisle that customers rarely visit, and customary practice in that area allows spills to be cleaned within 30 minutes. Which standard should the court apply when determining whether the store breached its duty of care?
The customary standard in the industry, which allows spills to be cleaned within 30 minutes in less-visited areas
The standard set by the statute, which requires spills to be cleaned within 15 minutes of discovery
A reasonable standard of care determined by the jury based on the circumstances of the incident
The standard chosen by the store manager, provided it is widely accepted within the company's operations
The correct answer is that the court should apply the statutory standard because legislative statutes reflect public policy and create a legal obligation. When a statute specifically prescribes conduct to prevent harm, it generally overrides customary practice. Here, the statute sets a clear safety standard of 15 minutes for cleaning up spills, making it binding on the defendant. Customary practice that deviates from the statute would not excuse the violation. Other answers are incorrect because they either attempt to use custom as a defense against statutory law or incorrectly prioritize custom over the statutory mandate.
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