On behalf of Smiley & Smiley, LLP posted in Premises Liability on Monday, August 31, 2015.
As a general rule, a slip, trip or fall at a New York business is typically due to the negligence of the property owner. When injuries follow such an incident, the victim can often be compensated via the store's business liability insurance. However, when this does not pan out, victims may be able to file a legal claim in civil court, which is exactly what one woman from another state has done for the injuries she suffered due to the store's alleged negligence.
She was in her local Wal-Mart in October 2013 when she slipped and fell over a pallet. Apparently, she was in the linens section of the store. Somehow, she fell backwards on the wooden pallet that had supposedly been left in the aisle where she was shopping by an employee.
She states in her lawsuit that there were no warning signs that a pallet was in the aisle or that there was any cause for concern. The store employees should have known, or did know, that there was the potential risk of customer injury when a pallet was left in an area that is frequented by customers. In her lawsuit, the woman is asking for various monetary damages, including lost wages, lost earning capacity, physical disfigurement and impairment, past and future mental anguish and physical pain as well as medical costs that have been incurred.
If someone is injured at a commercial location and believes that someone else is at-fault, there may be legal recourse that can be taken against responsible party. Customers, upon entering into a store, have the right to expect that the location will be safe for them to do business, not that there will be a condition that will leave them with severe injuries. When New York businesses fail to implement safety procedures that end up putting customers in danger, they are opening themselves up to a product liability and negligence lawsuit.
Source: setexasrecord.com, "Shopper sues Walmart, alleging pallet trip caused injuries", Carol Ostrow, Aug. 28, 2015
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