Samantha Smith-Slip and Fall Memorandum
Re: Samantha Smith
Samantha Smith was in her local grocery store shopping with her son. While shopping in the shower isle, Samantha slipped and fell in a clear gel that had leaked out of one of the bottles. When she fell she suffered a broken hip and now has to have months of physical therapy to recover. The store has an employee that checks the aisle every hour at the top of the hour. The employee in charge of the inspection that day was an older gentleman with glasses. The last logged inspection was at 1:00 p.m. Samantha slipped and fell at about 1:30 p.m. Samantha is stating that the store was ...view middle of the document...
This would bring the spill to the attention of an employee in a more prominent way than just walking the aisle looking down. It has been over thirty minutes since an employee was last in the aisle to check for potential hazards.
Samantha was distracted by her two year old son who was misbehaving. Every mother going shopping with their child is distracted. They rely upon the store to look out for their customers by keeping the aisles free and clear of obstructions and any other hazards. As a customer we should not enter a store and be expected to stare down at the floor the whole time. Customers are there to do one thing-shop.
Following the comparative fault statute, Ind. Code § 34-51-2-5, I believe that the courts will find that the grocery store is more at fault than Samantha for the injuries she sustained in her fall. As a business, they have a reasonable duty of care towards the safety of their customers. It is not the customer’s duty of care to constantly have to be looking at the floor for possible clear liquids that the employees of the store missed...