In Egan v. Bed Bath & Beyond Inc., Case No. 1:11-cv-115 (W.D. Mich.),  where a customer alleged that Bed Bath & Beyond negligently had an obstruction in an aisleway, Judge Neff found that Bed Bath & Beyond did not breach its duty of care to the customer.  For one, Judge Neff did not find evidence that Bed Bath & Beyond's employees negligently caused an obstruction (a box removed from the shelves) to be in the aisleway or that any Bed Bath & Beyond employee had actual or constructive notice of the obstruction in the aisleway.  In addition, the customer should have noticed an open and obvious obstruction in the aisleway.  

The plaintiff filed this lawsuit because, while she was shopping in Bed Bath & Beyond, she could not maneuver her cart to easily reach a product on the store's shelf, which caused the plaintiff to fall while reaching for the product.  The plaintiff-customer alleged that Bed Bath & Beyond was negligent—thereby breaching its duty of care owed to her.

Judge Neff explained the duty of care that Bed Bath & Beyond owed to customers.  First, Bed Bath & Beyond owed the plaintiff (a business invitee) a duty to exercise reasonable care to prevent an unreasonable risk of harm caused by a dangerous condition in Bed Bath & Beyond's store.  Second, Bed Bath & Beyond has a duty to protect customers from unsafe conditions that are either caused by the active negligence of its employees or noticed by Bed Bath & Beyond's employees.  Had Judge Neff found that Bed Bath & Beyond did not meet its duty of care—for example, if evidence showed that an employee should have been aware of the box—the outcome of this case may have been different.  The opinion demonstrates the importance of teaching and training employees practices that live up to legal standards.