Went to a supermarket and they had no grocery carts in the cart corral. There were two outside of the corral: one with only two wheels and the other was raggedy but could be used. I got it through the front door, and the part where the kids sit broke off and fell on my foot!
I yelled loudly and threw it off my foot: instincts. Everyone was looking because it was at the entrance and all the registers are there. I went to the manager’s desk and a fat, young, Latina chick was there and I told her what happened and she blew me off. I got so angry!
I went to look for my sister. I took pictures of the cart and my foot. My sister told me to go back to the manager because I am limping too bad. I found the manager and it turns out that he is new and so was the girl. He did not know what to do. I told him, “you need to fill out an incident report.” He said that he did not know where the forms were but I should sit and he would find them.
He found a form. Filled it out and he was very apologetic. My head was pounding like crazy, on top of my toes hurting! My sister and I left and I went to the ER. My pinky toe is broken and the other four toes are crushed! What can I do?
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Answer
Dear Sandra,
In your case, liability is clear. Supermarket owners have what is referred to as a legal duty of care to make their premises safe for “invitees.” Invitees are those persons who are on the premises to conduct business. Some examples would be vendors, delivery persons, electricians, plumbers, customers, and the like.
As an invitee, you were protected by the supermarket owner’s legal duty of care. The shopping cart was an extension of that legal duty of care. The shopping cart was owned by the supermarket, and on its premises. Just as the supermarket owner owed a duty to make the premises safe, the supermarket had a similar duty to make the shopping cart safe.
Because the shopping cart wasn’t properly maintained, and as a result of that poor maintenance you we seriously injured, the supermarket owner “breached” her legal duty of care. As a result of that breach the supermarket owner became liable for your damages.
For purposes of personal injury claims, damages include your medical and chiropractic bills, out-of-pocket expenses for medications, crutches, costs of transportation to and from treatment, etc., lost wages (if applicable), and your pain and suffering.
The reference to the ethnicity of the woman you initial contacted after your injury is irrelevant.
Learn more here: Slip and Falls in Grocery Stores and Supermarkets
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Find a local attorney to give you a free case review here, or call 888-972-0892.
We wish you the best with your claim,
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A handicapped cart that I was driving out of the store into the parking lot broke in the middle of the lane. It just broke, and it rocked me back-and-forth causing me to sustain a neck injury one side of my body. I tried try to save myself using my foot so the cart didn’t tip over on me.
They’ve offered me $500 compensation. But my medications are out-of-pocket and running me $65 to $75 dollars a month,because they aren’t covered by insurance.