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The Leasing Hotline

By ALM Staff | Law Journal Newsletters |
May 30, 2007

Retailer Liable for Customer's Injuries

A retailer is liable for injuries to a customer caused by a pallet in the aisle of a store. King v. PetSmart, No. 416-03429-05, Collin County District Court, 416th, TX, 11-08-2006.

Ronald King, 63, fractured his tibia and fibula, requiring surgery. He was in a PetSmart when he tried to pull a bag of cat litter from a shelf, and his fingers slipped. He took a step back and his foot got lodged between some pallet slats before he fell backward. His lawyer argued that the pallet should not have been there unattended. The defense countered that the pallet did not pose an unreasonable risk of harm. A construction project manager, King was out of work for seven months. The jury found for King, awarding him $300,000.

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