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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