A Kroger customer filed a lawsuit in the Galveston County District Court against the grocery store for injuries she suffered while shopping there. Filed on April 23, 2019, the lawsuit involves an accident that took place in May of 2017. Apart from suing Kroger, the customer also brought an action against the manager of the store where the incident occurred.
While shopping, the customer allegedly tripped and fell over shelves and shelving components on the floor near the dry goods isles in a Friendswood Kroger store. According to the petition, the store manager instructed the staff to deconstruct the shelving units. However, that manager apparently failed to direct the staff to put visible warning signs regarding the deconstructed items on the floor. The customer then tripped over those shelves and shelving components, fell to the ground and suffered serious bodily injuries as a result. The customer contends she suffered injuries to her right shoulder and right rotator cuff, among others. Those injuries led to an invasive surgery and ongoing physical therapy.
The customer has sued Kroger and the store manager under theories of premises liability and, alternatively, negligent activity.
In her petition, the customer alleged premises liability because the shelving components were on the floor for an extended period of time and the defendants either knew or should have known about the hazardous conditions of the premises. The walkways not being clear of shelving components and shelves themselves allegedly posed an unreasonable risk of harm to the store customers.
Alternatively, the customer alleged that the defendants’ ongoing negligent activity on the store premises led to her bodily injuries-and not a condition of the premises. She argued that the defendants owed her a duty of ordinary care, thus being required to warn of dangerous conditions on the store premises and protect against such conditions. The failure to warn about the deconstructed shelves on the floor arguably violated that duty and proximately caused the customer’s bodily injuries.
As a result of the injuries sustained, the customer suffered physical pain and mental anguish. The customer has incurred medical expenses for a surgery and physical therapy, and she will probably incur future medical expenses for future treatment of her injuries. The customer is seeking monetary relief in an amount not currently specified.
If you or someone you know has been injured as a result of the negligence of others, contact an attorney at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner by calling (713) 222-7211 or toll free at 713-222-7211.