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ARTICLE ID 168675

Premises liability - Hazardous premises - Plaintiff falls after pant leg allegedly catches on grocery display - Left femoral fracture resulting in a total left hip replacement and scarring.

Cook County, Illinois

The female plaintiff retiree in this premises liability case claimed she was walking towards the register at the defendant grocery when her pant leg was snagged by the molding on the corner of display shelving, causing her to fall. The defense disputed the cause of the fall and asserted that the plaintiff was at fault because she failed to exercise due care.

On May 8th, ________, the plaintiff was a customer at defendant’s grocery store in Chinatown. A 12.5 foot by 25 foot display was located in the center of the store, consisting of tiered shelving in a pyramid style, with five inch trim molding on the bottom shelf. The plaintiff’s expert testified that the shelf was inherently dangerous as a violation of the principle of vertical extent and that there was complete visual blending of the tile floor and the lower wooden shelf.

The defendant contended that it was impossible for the wooden shelving to catch on the plaintiff’s clothing as she described, based on the direction she was walking. The defense also denied that there was insufficient color contrast between the floor and the shelf. They further claimed that the shelf was not dangerous and that no notice of any dangerous condition had ever been received. The defendant noted that the plaintiff had previously patronized the store, knew of the shelving and asserted that the plaintiff was at fault because she was in a hurry and did not exercise due care for her own safety.

The plaintiff sustained a left femoral fracture resulting in a total left hip replacement and scarring. Her medical bills amounted to $________.

The jury found for the defense.

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