Attorney Jonathan Hansen of Monaco Cooper Lamme & Carr, PLLC recently obtained a dismissal of a lawsuit against our client, a retail grocery store, in a premises liability case. In the case, the plaintiff claimed that while shopping at the retail store, he tripped and fell over a product display at the end of an aisle, suffering personal injuries. The plaintiff also claimed that there were items for sale hanging off the edge of the display which caused him to trip.
At the conclusion of discovery, Mr. Hansen filed a motion for summary judgment and established several undisputed facts.
- The plaintiff had shopped at the store many times in the past and was aware that the display was at the end of the aisle.
- The aisle was not obstructed in any way due to the display and was wide enough for the plaintiff to have avoided making contact with the display.
- The plaintiff failed to observe the display prior to tripping over it.
- There had been no prior reported accidents in the vicinity of the display.
Mr. Hansen supported his motion with ample case law demonstrating that store displays which are open and obvious are not considered inherently dangerous and cannot create liability on a store owner.
In opposing the motion, the plaintiff submitted the Affidavit of a retail safety expert who offered the opinion that the display was dangerous.
The trial court found that the plaintiff failed to create a triable issue of fact. Notably, the Court held that even though the plaintiff submitted an Affidavit of a liability expert and defendant did not, summary judgment was still appropriate because the undisputed facts demonstrated that the display was open and obvious and not inherently dangerous. While an expert can give an opinion about industry standards, he or she cannot change the facts. In light of this, the Court granted Mr. Hansen’s motion and dismissed the plaintiff’s Complaint, delivering a victory for MCLC’s client.
About Jonathan E. Hansen
Jon Hansen litigates personal and premises liability, construction and labor law, hospitality and retail liability, insurance defense, professional liability, and trucking and transportation law for the Firm’s individual, business, and professional clients. He is a named SuperLawyers in the areas of general litigation, personal injury, and appellate law. Jon can be reached at (518) 675-7746 and at jhansen@mclclaw.com
About Monaco Cooper Lamme & Carr, PLLC
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