New York residents are no doubt aware that commercial properties, even supermarkets, can sometimes pose dangerous conditions for entrants. When a lawful entrant is injured through no fault of his or her own, then there may be grounds for a premises liability claim.
One such claim, filed with the U.S. District Court of New Hampshire in December 2019, involves a New Hampshire woman who slipped and fell on cooking oil while walking down an aisle in a Target store. Store personnel who assisted the woman noted that the floor was slippery from dried cooking oil. It appears that a damaged can of cooking oil spray deposited the oil on the floor.
In the lawsuit, the plaintiff alleges that Target knew of the unreasonably dangerous condition the floor was in yet did nothing about it. The statement goes on to the effect that Target should have analyzed the spray can to see if it had malfunctioned and how. The store should have also ensured that all products were safely shelved and that the floors were constantly maintained.
The plaintiff is seeking approximately $120,000 in damages, which would cover medical expenses and lost wages. Her injuries are described as causing severe pain as well as periods of partial or total disability. She is also suing for loss of consortium.
According to the concept of premises liability, property owners have a duty of care to all lawful entrants. If they fail in this, and if entrants show that they themselves used the property in a safe manner, then entrants may be reimbursed for any losses arising from an injury they incurred there. Of course, a strong claim will need evidence to back it up, such as eyewitness testimony or surveillance footage. Victims may want a lawyer to evaluate their case.
