A recent trial relating to a premises liability lawsuit against Walgreens saw an appellate victory achieved for the retailer, using the “mode of operation rule” and the res ipsa loquitur doctrine. Kathleen Shafer filed the suit on the grounds of being injured when a glass air freshener refill fell from its packaging after being lifted from a shelf, falling onto her foot, and lacerating her toe. Shafer sought $3 million in compensation in respect of Walgreen’s negligence, with the court rejecting her claims that the accident was of a type that generally does not happen unless there has been negligence (the res ipsa loquitur doctrine), thus removing the victim’s obligation to prove such negligence. It was also ruled that the “mode of operation rule” removing the victim’s obligation to provide notice did not apply, as the business could not have expected the accident to occur under its mode of operation, being one of the hazards which can reasonably occur.
The case, which was brought to the Arizona Court of Appeals, was ruled in favor of Walgreens, as the court stated that the injury could not be reasonably foreseen, as no customers had ever been injured by a falling air freshener refill in the past. The res ipsa loquitur doctrine appeal was also rejected, due to a lack of evidence.
As the above case shows, being injured in a store or on another type of premises does not guarantee that you will be entitled to recover compensation. For this to happen, you must prove that the property owner was aware, or could reasonably be expected to be aware of the hazardous condition, and failed to take appropriate action to remedy it. In other words, there must be evidence showing that the property owner acted negligently. When you hire a Los Angeles premises liability attorney to handle your lawsuit, you can rest assured that decades of legal experience will be channeled into ensuring that you receive the compensation you are entitled to.
Some of the types of the accident our Los Angeles premises liability attorneys are experienced in successfully handling include, but are not limited to:
Regardless of the type of premises, you were injured on, and the nature of your accident, our Los Angeles premises liability attorneys can ensure that the property owner is held accountable for the consequences of their negligent or deliberately dangerous actions.
Even the simplest negligent acts – such as failing to change a blown lightbulb promptly – can lead to injuries and, therefore, a premises liability lawsuit. An experienced and skilled attorney can secure the compensation and damages you are entitled to, no matter what type of negligence led to your accident.
To discuss your case with an esteemed Los Angeles premises liability attorney, call us today at 310-997-0904.