
 
        
         
		FOR BREAKING NEWS VISIT WWW.QNS.COM   FEBRUARY 1, 2018 • HEALTH • THE QUEENS COURIER 49 
 PURSE CATCHING Q:  In a department store, I caught my foot on a purse that was lying on  
 an aisle floor, and fell.  This was near a price checker: customers would often  
 leave clothing hanging, or on shelves, nearby.  Maybe a customer had  
 knocked it down.  I am sure that, now and then, a store employee makes a  
 sweep of the floor to ensure that it is clear of merchandise, picking up  
 whatever has fallen.  But that did not happen here. 
   One of my friends recalls that she has regularly visited the department, 
  that customers place purses on the floor while rummaging through the  
 sales bins, and that the purse department is in continual disarray.  Regardless  
 of the time of her visits, the department always appears like it had not been  
 cleaned.  There is always an assortment of purses lying on the floor, making it  
 difficult to navigate. 
   An employee in the accessories department has said that she  
 inspected the floor at 3:00 P.M. and that there was no merchandise on the floor  
 at that time.  I fell no earlier than 3:15 P.M., and EMS was called at 3:48 P.M. 
 A:  An occupant of property is required to maintain it in a reasonably  
 safe condition.  Most likely, the store will contend that it had received no  
 complaints about its premises or the condition of the floor in the area where  
 you fell, so that it lacked notice of a dangerous condition.  Especially given the  
 relatively short interval between the employee’s inspection and this accident,  
 your attorney is likely to argue that the store was aware of an ongoing and  
 recurring dangerous condition in the area of the accident – yet did not rectify  
 the problem. 
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