Yes. A patron injured in a store need not prove the owner's actual or constructive knowledge of the specific unsafe condition which caused the injury if the owner's method of operation and the nature of the business make unreasonably dangerous conditions continuous or reasonably foreseeable. See Pimentel v. Roundup Company, 100 Wn.2d 39, 666 P.2d 888 (1982); also Ciminski v. Finn Corp, 13 Wn. App. 815 (1975). The law states that an owner or operator of a self-service establishment must exercise reasonable care in protecting his business invitees against foreseeable risks. The owner or operator of such a self-service establishment has actual notice that his self-service mode of operation creates certain risks of harm to his customers. Since a self-service operation involves the reasonable probability that these risks will occur, these risks are foreseeable. Thus, it is not necessary for you, the Plaintiff, to show actual or constructive notice of the specific hazard causing injury. You should therefore determine whether the store has taken all reasonable precautions necessary to protect you, its invitee, from these foreseeable risks, and in making this determination, you should consider the following factors: (a) The nature of his business (b) The nature of his customers (c) The standards adopted to display his merchandise (d) The housekeeping procedures which he has instituted to discover and remove conditions which may cause injuries (e) Whether there is a system of regular inspection of display areas where merchandise might be unsafely stacked by his employees, or handled and unsafely placed by other patrons (f) Such other facts and circumstances revealed by the evidence having a bearing on the question of reasonable protection.
Slip-and-falls are absolutely jurisdictional specific. Check out your state's laws so you can be certain of a particular store's tort liability with regard to a slip-and-fall accident. A personal injury attorney in your area can give you a great deal of information so you can decide whether or not you should sue. The Washington Pattern Jury Instructions have provided the basis for this answer.
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