Some people think that stores should pay in these types of cases and that the expenses of slip and falls should be a cost of doing business. See Jasko v. F.W. Woolworth Co. on page 229.

But under the traditional rule, store owners must be shown to be negligent with respect to the specific hazard.

We simply do not know how long the green bean was on the floor before Rusty slipped on it. Nor is it likely that either of the parties knows how long it was. The evidence indicates that it was probably not there for more than 30 minutes, but it might have been as short a time as a few seconds.

Under the traditional rules governing slip and fall cases, to impose liability the jury must determine that the defendant had reasonable time to discover the hazard and to remove it. Who has the burden on proof on these issues of fact?

A. The plaintiff.

B. The defendant.