Shopping should be a safe and happy experience, not a deadly one. When we shop in a store, we trust that the racks, signs, and other store hardware will not hurt us. Unfortunately, this is not always the case. A woman died from injuries she suffered while shopping at a local meat market. The woman was shopping at the store when another customer bumped into an empty rack near the meat counter where she was standing. The rack fell, hitting her on the knee. The woman developed a blood clot caused by the serious knee injury, which led to her death. The woman’s daughter has filed a wrongful death lawsuit in Cook county against the Morris Meat Market, Inc. seeking damages of more than $50,000 in her death.
It is the legal responsibility of property owners to maintain their premises properly. They must provide safe conditions for anyone who will be on the property. In this case, the store rack was not properly secured and not filled with merchandise. As a result, the lawsuit states that the owners were negligent. Property owners are required to provide a safe condition for anyone who enters the premises. Failure to do so is considered negligent behavior.
Those who suffer injuries as the result of someone else’s negligence may be entitled to collect damages. First, however, negligence must be proven. In order to prove negligence, certain conditions must be met. There must have been a duty to provide a safe environment and that duty must have been breached. Also, there must be actual damages or a real injury as a result of the negligence. The person responsible must also have known, or should have reasonably known, that an injury could occur because of the problem. In this situation, the owners should have known that placing an empty rack near a busy part of the store could cause an injury if the rack is knocked down.
It is not enough to know that there is a potentially dangerous condition on the premises. The owner took no action to resolve the problem or took the wrong action to fix it. The lawsuit in this case alleges that the owners are liable for the woman’s death because they permitted the rack to stay on the floor area in a location that was easily accessed by customers. The rack was metal and according to the information available, it fell with great force. The woman suffered a knee injury and developed a blood clot which caused her death less than two weeks later.
If you or a loved one was seriously injured because of the negligence of another party, you may be entitled to collect compensation. There are often large medical bills, rehabilitation costs, and other damages caused by this type of accident. If you were unable to work after the injury, you may be compensated for lost wages and if the injury led to intangible types of suffering, like anxiety and the need for over-the-counter medication, you could collect money for pain and suffering. Many lawsuits are settled before going to trial. An experienced personal injury attorney will review your situation and prepare your case for settlement or trial. Contact the skilled legal team at Michael T. Friedman & Associates, P.C. for a consultation.
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