• Connecticut Appellate Court
  • Connecticut Appellate Court
  • AC 34222
  • Mar 26 2013 (Date Decided)
  • Per Curiam
Under the mode of operation rule, the Connecticut Supreme Court explained in its 2007 decision in Kelly v. Stop & Shop, Inc. that "a business invitee who is injured by a dangerous condition on the premises may recover without proof that the business had actual or constructive notice of that condition if the business' chosen mode of operation creates a foreseeable risk that the condition regularly will occur and the business fails to take reasonable measures to discover and remove it."

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