Articles Tagged with accident

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mallOn April 24, 2011, Jackie and Ricky Cox, a husband and wife, went to a Wal-Mart to purchase some goods.  As Mrs. Cox made her way through the entrance, she fell and sustained serious personal injuries in connection with her fall.  An uninterested witness, an observer some twelve feet away, watched the fall take place.  He testified that for an hour before the fall he had observed the door threshold rising up approximately one half inch whenever a customer or cart crossed the threshold.  The witness testified that he observed this to occur due to the fact that the threshold plate was not secured tightly to the ground.  As a result, whenever a person stepped on one side of the metal plate, the other side would rise up.  He further observed, and subsequently testified, that when Mrs. Cox stepped on the plate with one foot, her other foot caught the plate causing her to fall.  A manager for Wal-Mart denied any sort of occurrence predicated on a rising plate.

Mrs. Cox filed a complaint in her home state of Mississippi and it was ultimately removed to Federal Court.  Mrs. Cox claimed that it was negligent of the store to allow a defect to exist on the property and that such a defect was unreasonably dangerous to persons such as herself.  The Defendant store argued that the purported defect in the threshold was not unreasonably dangerous.  A lower court agreed with the defense and held that a door threshold is among those dangers which are usual and which customers normally expect to encounter on the business premises, such as thresholds, curbs and steps.  As a result, the Plaintiff’s claim was dismissed.

The Plaintiff filed an appeal in the matter which was heard by the United States Court of Appeals in the Fifth Circuit.  The Court, on appeal, held that while there are certain dangers which are usual for a customer to expect, a defect is not one of those dangers.   A defect, the court detailed, is not a condition that one would normally encounter in the normal course of operations or mode of operation of a business.   The Court reversed the prior court’s ruling and allowed the Plaintiff to proceed to litigate her case on the merits. Continue reading →

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wet floorIn a decision issued on May 12, 2014, the Massachusetts Appeals Court held that a man injured as a result of a slip and fall at Walgreens could not recover for the injuries he sustained.  The Plaintiff, Alejandro Curet, went to the Defendant Walgreens in Roxbury in order to pick up a medication.  While he was walking through the store with the aid of crutches, he went down the aisle containing hand lotions and creams.  While he was halfway through the aisle, he slipped and fell on a substance he alleged was lotion.  The Plaintiff brought suit against the Defendant claiming negligence in allowing a substance to be on the floor for an unreasonable amount of time.  The existence of a substance on the floor, according to the Plaintiff, constituted an unreasonable defect that caused or significantly contributed to his injuries.

While there was no evidence that there was cream or lotion on the floor at the time of the Plaintiff’s fall, the court noted that the Plaintiff could not point to any evidence that the Defendant organization knew the cream was there, had reason to know it would be there, or even a reasonable opportunity to discover its presence.  In response, the Plaintiff relied on the theory “mode of operation.”  Prior to 2007, when it came to the liability of a store owner for a slip and fall, liability would attach only where the owner had actual or constructive notice of the dangerous condition.  With the landmark decision of Sheehan v. Roche Bros. Supermarkets, Inc., the Supreme Judicial Court of Massachusetts held that a Plaintiff’s burden to prove notice of a dangerous condition could be satisfied if they are able to establish that the injury was attributable to a reasonably foreseeable dangerous condition that is related to the owner’s mode of operation. Continue reading →