A Slippery Slope - Retailers and Personal Injury Lawsuits
June 20, 2005
The phone rings. It is the manager of a small grocery store that you own. In a distressed tone the manager informs you that a woman who was perusing through the aisles of your store claims to have slipped on mayonnaise that was spilled on the floor when a jar fell off of a shelf and shattered. Fortunately the woman is not complaining about any serious injuries, but her shoulder is sore and she tore what she claims to be a brand new pair of pants. Your manager insists that the floor was clear and the woman is trying to set you up for a lawsuit. What should you do?
Virtually all shopkeepers will face a similar fact pattern, but the outcomes will vary based on how the business owners handle the situations. The manner in which the situation is handled can lead to either a lawsuit or a satisfied customer. This article addresses the liability of a small retail establishment for injuries which occur on the premises of the business and how the liability may be limited through: (1) reducing exposure to hazards, (2) preventing an injured patron from resorting to the courts, and (3) providing yourself with a defense when all else fails and you’re faced with a lawsuit.
Under Massachusetts law, a business must act reasonably to detect and remedy any on-premises hazards which a patron may face. If the business acted reasonably then the business will not be liable for any injuries that occur because for a business to be liable there must be proof of negligence. Negligence will be found when...
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BusinessWest
June 13, 2005
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