Personal Injury Law (Accidents/Slip & Fall)/Injury in grocery store

Advertisement


Question
My friend was shopping at Food Co. In Sacramento. She obtained a shopping cart from a row of them. It dd not have a safety flap in the upper basket area. Other carts had the flap. She says she didn't really pay attention to that fact at the time. The upper part of the basket had two leg holes for a child to sit thru. She bought two 8 oz cans of corn and placed them in the upper basket. One of the cans rolled thru the leg opening in the basket, fell, and broke her toe. She had insurance that covered all so she has no out of pocket expenses. is this worth pursuing in small claims or is this more my friends fault for using this particular cart and putting the cans where they could fall out?
- Home -
Catalog / Order Form
LATCH Manual Updates
SRN LATCH Gallery
Safe Ride News Blog
SRN Newsletter Sample
CPS-Related List Servs
CEUs for CPSTs
Mfrs. Alliance for CPS
Search This Website
e basket and broke her toe when it landed on her. She had insurance that covered all med bills so there are no out

Answer
You asked the correct question; is it worth pursuing?  Unless she suffered some type of permanent injury to the toe that would cause her to lose earnings or she would be needing future surgery, something big like that, answer is NO.  Pain and suffering not huge and then the there is the question of whether the store actually has liability. Can we say they had a LEGAL DUTY to make sure those plastic flaps were on each cart and if the flaps were missing the cart would be considered defective and the store negligent..........maybe. They would certainly defend any such case saying the "defect" was open and obvious and she was atleast 50% at fault herself. If there are no out of pocket damages, nothing in the future, no loss of earnings, toe is fully healed................my advice...........yep, I think you guessed it.//////////////FURGETABOUTIT. Thanks for writing. Hope this helped.

Personal Injury Law (Accidents/Slip & Fall)

All Answers


Answers by Expert:


Ask Experts

Volunteer


Glenn A. Dorfman

Expertise

Thirty-two years experience in personal injury, medical malpractice, medical product liability law and class actions. Qualified to answer all questions regarding injuries and the law, except for worker`s compensation. Actively involved and fully experienced in litigation regarding recalled hip implants as well as the Mirena IUD.

Experience

Hundreds of satisfied clients in previous litigation

Organizations
California State Bar Association in good standing since 1976. Federal District Court

Education/Credentials
Jurisx Doctor degree 1976

©2016 About.com. All rights reserved.