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Premises liability

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Yuke

Member
What is the name of your state? CA

My friend went to a supermarket to purchase liquor and while picking up a carton of beer, the bottle fell through and broke, splashing glass and beer on her. She was wearing a dress and sandals, so she received cuts on her legs and feet, as well her hands. She cried for help but none of the employees wanted to help her. She hobbled over to them, and they still refused to help her. One of the employees began cleaning the glass and beer, so she asked that employee for napkins and help to remove the glass. That employee told her that if she wanted napkins she would have to go outside.

My friend returns later to take pictures of the accident scene. While the pictures are being taken, one of the employees grabs a carton of beer that was in a similarly poor condition as the one that broke. My friend takes pictures of that employee.

My friend is going to trial, and all the insurance company is willing to offer is $500. My friend didn't go to a doctor. Is that why?
 


I AM ALWAYS LIABLE

Senior Member
Yuke said:
What is the name of your state? CA

My friend went to a supermarket to purchase liquor and while picking up a carton of beer, the bottle fell through and broke, splashing glass and beer on her. She was wearing a dress and sandals, so she received cuts on her legs and feet, as well her hands. She cried for help but none of the employees wanted to help her. She hobbled over to them, and they still refused to help her. One of the employees began cleaning the glass and beer, so she asked that employee for napkins and help to remove the glass. That employee told her that if she wanted napkins she would have to go outside.

My friend returns later to take pictures of the accident scene. While the pictures are being taken, one of the employees grabs a carton of beer that was in a similarly poor condition as the one that broke. My friend takes pictures of that employee.

My friend is going to trial, and all the insurance company is willing to offer is $500. My friend didn't go to a doctor. Is that why?


=======================================

My response:

I agree. Take the money and run.

But, there may be another reason for the $500.00 offer - - she's suing under the wrong cause of action. This isn't a "premises liability" action. What was wrong with the "premises"?

At best, and soaking wet, this is a "products liability" case (a defective grocery bag), and at least, it's merely a "negligence" action (the store used a defective bag) because the store had a duty to use bags that would hold the weight of the products they sell; e.g., the clerk could have double-bagged.

If she is, in fact, going to trial using the theory of "premises liability", then I foresee a "non-suit" on the horizon.

Obviously, Yuke, theirs is a "nuisance" value offer, and based upon your explanation, it's a terrific offer too!

IAAL
 
Last edited:

Yuke

Member
With regards to the premises liability, the reason why the carton failed because it was stored in the refrigerated section and the refrigeration unit was malfunctioning causing moisture to soak the carton over a long period of time.

While the cuts didn't require stitches, she was caused $1,200 in lost work time. She's in sales and has to work long hours to meet her quota. Her time lost, is lost sales. Still take the money and run, or is the case at least worth what she lost in income, plus some pain and sufferring?
 

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