Four-letter words retailers loathe: "slip" and "fall"

Risk & Insurance, March, 2004

Numbers don't lie. That's what makes them so alarming. If you're a retailer, the odds are incredibly high that a customer or employee will be able to recover damages against you for an injury or accident occurring on your premises, even if you weren't at fault.

According to Jury Verdict Research, the legal database owned by LRP Publications Inc., the parent company of Risk & Insurance magazine, there's a 44 percent chance that overall, you, the retailer, will be forced to pay up.

That number rises to 54 percent if the incident in question happened in your parking lot. Add a mean award amount of $220,730, and pretty soon defendant-retailers can easily find themselves sinking into a quagmire of legal bills, affidavits and disclaimers.

Here's a peek at what keeps retail risk managers reaching for the aspirin:

Taylor vs. Toys 'R' Us Inc., Oct. 2002

A woman suffered torn ligaments in her knee and sprains of both wrists when she tripped and fell over a plastic toy in the aisle of a Toys 'R' Us retail store. The woman contended that Toys 'R' Us failed to maintain the premises in a safe condition for its customers, failed to hire, train and supervise its employees and failed to remedy or warn of a known dangerous condition. Toys 'R' Us denied liability. The woman was found 25 percent negligent and her award was reduced.

Total Award: $375,000

Reynolds vs. Rite Aid of New York Inc., June 2001

A 32-year-old woman suffered a severe foot laceration, which required surgery and resulted in chronic pain syndrome, when she stepped on a metal signpost fragment in the Rite Aid store's parking lot. She claimed that the store failed to maintain the premises in a safe condition and failed to correct a dangerous condition after its removal of the sign earlier in the day. Rite Aid denied liability, disputed her impairment and argued the woman failed to keep a proper lookout.

Total Award: $393,465

Waite vs. Wal-Mart Stores Inc., May 2001

A 51-year-old man suffered a heart murmur, avascular necrosis, a localized infection and a left knee tendon injury when he slipped and fell in water at a Wal-Mart store where he was a customer. He claimed that Wal-Mart failed to maintain the premises in a safe condition, negligently allowed plants from the outside garden center to enter the inside portion of the store which created a wet floor. He also claimed Wal-Mart failed to remedy or warn of a known dangerous condition. Wal-Mart denied liability and contended that it had no prior knowledge of the wet floor, that the water could have came from the man's boots and that the man was negligent in keeping a proper lookout.

Total Award: $544,877

Detje vs. Target Stores Inc., Sept. 2001

A 67-year old woman, who tripped and fell over an elevated area designed to confine shopping carts at one of Target's many stores, suffered a displaced fracture of her right shoulder. The injury required surgery and internal fixation, and left the woman with chronic pain syndrome. The woman claimed that Target Stores, where she was a customer, failed to maintain the premises in a safe condition and failed to warn customers of a known dangerous condition. Target Stores denied liability and contended the condition was open and obvious, and that the woman failed to use due care for her own safety.

Total Award: $554,000

Montelongo vs. Warehouse Market Inc., April 2002

A 62-year-old woman suffered a patella fracture of her left knee when she slipped on water and fell to the floor of the Ware house Market store where she was a customer. She contended that the Warehouse Market store failed to maintain the premises in a safe condition, failed to remove water which was leaking from a frozen food bin and failed to warn of a known dangerous condition. Warehouse Market denied liability and contended that the woman failed to exercise due care for her own safety. The woman was found 15 percent negligent and the award was reduced accordingly.

Total Award: $573,047

Cellini vs. Target Corp. d/b/a Marshall Field's & Co., May 2003

A woman who slipped and fell on a wet tile floor at a Marshall Field's department store suffered a left hip dislocation and fracture, which required internal fixation. The woman contended that the Marshall Field's store failed to maintain the premises in a safe condition, failed to keep the tile floor dry, and failed to remedy or warn of a known dangerous condition. Marshall Field's denied it was liable and contended that the woman failed to keep a proper lookout and failed to use due care for her own safety. The woman was found 22 percent comparatively negligent and her award was reduced.

Total Award: $608,400

Hartner vs. Home Depot USA Inc. August 2002

A 31-year-old woman customer suffered a knee cartilage injury and required arthroscopic surgery and resulting in chondromalacia and emotional distress when she fell after her shopping cart struck a manhole cover and overturned in the parking lot of a Home Depot store. The woman contended that Home Depot failed to maintain the premises in a safe condition, failed to remedy or warn of a known dangerous condition and allowed the manhole cover to become obscured by an accumulation of water during plant irrigation in the area where the accident occurred. Home Depot denied liability, disputed the nature and extent of the plaintiff's injuries and contended that the manhole cover was not obscured, that no watering was occurring at the time of the accident and that the condition was open and obvious.