Under the theory of premises liability, business owners have an obligation to ensure that the customers they invite into their stores are kept reasonably safe. In fact, customers of a commercial enterprise are known as “invitees” under the law and enjoy the highest level of protection. This means that businesses must use reasonable care to ensure that their business is reasonably safe. Included in this duty is the requirement that business owners warn customers of any potential hidden dangers on the premises, such as spills, holes, or uneven pavement.
In order for an injured party to hold a business liable for a “hidden danger,” the accident victim must establish that the business owner had knowledge of the danger to begin with. This can be proven through evidence showing that the business had actual knowledge of the danger, or evidence showing that the business should have known about the danger, given the surrounding facts. A recent lawsuit filed by an Ohio woman who was injured while at the supermarket shows how this can play out in real life.
A Woman Is Struck by a Motorized Grocery Cart
Earlier this month, a jury returned a $1.3 million verdict in favor of a woman who was seriously injured at the defendant’s grocery store after she was struck by a motorized grocery cart being operated by another customer. According to an industry news source reporting on the case, the 71-year-old woman was struck by the cart and tossed approximately four feet, where she struck her head on a shelf.