On Rehearing
GOODWYN, Justice.The opinion refers to the presence of lettuce “leaves,” which appellant says is not correct; that the evidence conclusively shows there was only one lettuce leaf. Although some of the witnesses testified to the presence of a single leaf, there was evidence (testimony of Fred Lockhart) that there were lettuce “leaves” at the place where Mrs. Weems fell. But whether there was one leaf or more is not the controlling factor. We reaffirm our conclusion that the evidence presented a question for the jury. Great Atlantic & Pacific Tea Co. v. Popkins, 260 Ala. 97, 99, 69 So.2d 274, supra.
It is further insisted that we should have decided whether the operator of a so-called “self-service store” owes to its customers a duty different from that owed by the operator of a store where sales are handled by the operator’s employees. Although we still feel that there is no occasion to discuss this question for the reason stated on original deliverance, in deference to the insistence of counsel we make the observation that the basis of liability of a store owner to his customers (invitees) is his failure to exercise reasonable care to keep his premises in a reasonably safe condition. Ten Ball Novelty & Mfg. Co. v. Allen, 255 Ala. 418, 420, 51 So.2d 690; F. W. Woolworth Co. v. Ney, 239 Ala. 233, 234-235, 194 So. 667. And we see no good reason why this rule should not apply when the store is one commonly referred to as a “self-service store” as well as one where there are employees who wait on the customers and assist them in making their purchases. Of course, whether “reasonable care” is exercised to keep the premises “in a reasonably safe condition” depends upon the particular facts and circumstances in each case.
Application for rehearing denied.
LIVINGSTON, C. J., and LAWSON, SIMPSON and COLEMAN, JJ., concur.