Corbin/customer/plaintiff below/appellant below/appellant here Vs.
Safeway Stores, Inc./grocery store/defendant below/appellee below/appellee here
Gary Corbin slipped on a grape or grapes in a Safeway produce aisle injuring his collateral ligaments and the kneecap of his right knee. He saw that there was no large non-skid, non-slip walk-off mat that is part of the store’s policy to have in front of the grape display. The policy of having the mat in front of the grape bin was from past experiences that showed that it was usually hazardous. Corbin alleged that the presence of the specific grape on the floor on which he slipped posed an unreasonable risk of harm and that Safeway had constructive knowledge of that risk. Corbin testified that the grapes lying around him were discolored and ruptured. The trial court offered to let Corbin submit this issue to the jury but declined.
YES. If an invitee sustains personal injuries from slipping and falling in a store they may recover damages by introducing evidence that a proximate cause of the fall was the storeowner’s failure to use reasonable care to protect its customers from the known and unusually high risks accompanying customer usage of a self-service display of goods (grapes).
NO. The fact that there were discolored and ruptured grapes around him while he was lying there does not prove that the grapes had been on the floor for a sufficient amount of time to impute the knowledge of their location to Safeway. The aging and discoloration may just as likely have occurred before as after the grapes fell, and the rupturing could have been caused during or soon before Corbin’s accident.
Dixon v. Wal-Mart Stores, Inc. 380 F.3d 311 (5th Cir. 2003) Appellee met with an accident in appellant’s store when her feet became entangled in plastic strips. Appellee alleged that appellant was negligent and claimed...