In any retail or grocery store, dolly carts are used to move merchandise, whether it is to stock the shelves or to move merchandise/stock from one place to another place in the store.
When a dolly cart has boxes of merchandise on it, the cart and the boxes are clearly visible to shoppers because the boxes on the cart are piled high. However, after the boxes on the cart are unloaded, it may be difficult to see the dolly because the base of the dolly is typically low to the ground. When an empty dolly cart is not moved out of an aisle where shoppers walk, shoppers may trip over the dolly and seriously hurt themselves.
Consider the following: a shopper in a grocery store is looking for a specific brand of cereal in an aisle. As she is searching for the cereal box, she is looking at the top shelf, walking sideways down the aisle. As she gets closer to the end of the aisle, she suddenly trips over something and fractures her hand. Laying on the ground, she sees that she tripped over an empty dolly cart. She couldn’t see the cart because the bottom of the cart was very close to the ground, and the adjustable/folding handle was folded over.
Earlier that morning, an employee stocked the cereal boxes and used the dolly cart. After the cereal boxes were unloaded from the cart, he was called to do something. He figured he will come back to move the cart, but he forgot to come back. Shortly after, another employee walked by, saw the empty dolly and made a mental note to come back to move it because shoppers may trip over it. However, the employee was looking for an item for another shopper, and he too forgot to come back.
In this scenario, the grocery store may be held liable for the shopper’s injuries and damages because the grocery store employee left the dolly cart where it should not have been, i.e., in an aisle where shoppers walk. In addition, another employee saw the cart and knew that he should have moved it, but forgot to as well.
In any trip and fall accident case, the injured individual also has to prove that the responsible party had notice of the dangerous condition but failed to fix the problem. Because the grocery employees saw the cart in the aisle knowing that it should not have been there, the grocery store/employees had actual notice of the dangerous condition.
Every trip and fall accident in a retail store is different. Not every trip and fall accident is a winnable lawsuit. It is important to have a trip and fall accident case evaluated by experienced trip and fall accident lawyers in PA. If you had a trip and fall accident in a retail or grocery store and would like to know whether you have a case or not, call Daniel J. O’Brien, a skilled trip and fall accident lawyer who will help you recover financial compensation you are entitled to. 877.944.8396