Jerry Birnbach, F.I.S.P, Retail Store Safety Consultant ::::
Background: The plaintiff entered the grocery store in order to do her weekly food shopping. As the plaintiff proceeded down the aisle, around the corner’s end, she passed the 8-sided corrugated pallet display of watermelons. The plaintiff decided to leave her cart in place and walk back to the display. The plaintiff stated in her deposition that she called out to her friend to alert her of the melons. The plaintiff picked up a melon from the top of the cardboard bin and started back toward her cart. The plaintiff stated that her left foot hit the pallet, which caused her to fall onto the ground, injuring her leg.
The plaintiff stated that the bin blocked her vision of the pallet, and she was not aware of the corner condition that would cause her to fall. Working from the defense side, it was imperative that the retail store followed and documented the definition established for retailers to maintain a safe and hazard free shopping experience for their customers, invitees and staff.