Good news for those of you who have
slip and fall claims pending against a store or other business entity. Late last year, the California State Supreme
Court unanimously decided that plaintiffs in these cases no longer need to
prove the exact length of time a dangerous condition existed in order to
prevail on their claim that the store owner did not ensure safety. The burden is now switched to the business
owner. The Court decided that what is
important here is what the evidence shows regarding the owner’s inspection of
the premises, and if the premises were not inspected within a reasonable period
of time, a jury can infer that the dangerous condition was on the floor long
enough for the owner to have had a reasonable opportunity to discover it and do
something about it.
This decision stemmed out of a jury
verdict against K Mart, in which the plaintiff alleged he slipped in a puddle
of milk at a K Mart in the city of Torrance, and injured his knee. At the trial of this matter, a store manager
testifying on behalf of K Mart admitted that the puddle of milk in the aisle might
have been on the floor for as long as two hours. K Mart employees testified that their training policies addressed
the importance of patrolling aisles and cleaning that which are potential
hazards; however, they may well not have done so in this case.
The key here is that at trial,
neither side could prove how long the milk had been on the floor before the
plaintiff slipped and fell. While that
used to be something the plaintiff had to prove, this has now been shifted to
the defendant.
The plaintiff was awarded
$47,200.00. This ruling forces
businesses to show that they have a reasonable policy for inspecting all areas
of their store and making sure they are clean and safe. I applaud this ruling as it will hopefully
have a positive impact on stores at which we shop. Rulings like this help to make a trip to the store safer for all
of us. I guess when K Mart reorganizes
and comes out of bankruptcy, instead of “Attention K Mart shoppers!” the new watchword will be “Attention K Mart
employees!”
Dr. Charles J. Unger is a criminal defense attorney in the
Glendale law firm of Flanagan, Booth & Unger, and a therapist at the
Foothill Centre for Personal and Family Growth. Mr. Unger writes a bimonthly column on legal and psychological
issues. He can be reached at charlie@charlieunger.com