(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this personal injury case and its proceedings.)
It is worth noting that situations similar to those described in this slip and fall case could just as easily occur at any of the supermarkets in the area, such as Safeway, Raley’s, Bel Air, SaveMart, Walmart, or Whole Foods.
Charles Black Testimony
Charles Black was not present for the incident, but has testified that store manager Tom Miller told him that XYZ Market had video of the are where the fall occurred both before and after the incident. He told Mr. Black that the video had been sent to Kim Li, XYZ Market’s District Manager, for review. Mr. Black later talked with Kim Li who told him she had the video. Charles Black felt his wife’s pants at the Emergency Room and they were wet in the buttocks area and on both thighs. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
XYZ Market’s Policies and Procedures
XYZ Market has produced documents it claims are confidential trade secret pursuant to a agreement for protective order. Plaintiff relies on some of these documents, which are lodged herewith as separate. Chief among these are documents entitled “Customer Accident Prevention” and “Slip and Fall Prevention,” which state that each and every XYZ Market employee shares equal responsibility for detecting an correcting slip and fall hazards. Don’t pass it by, pick it up is XYZ Market’s motto in this regard. Plaintiffs are lodging XYZ Market’s claimed confidential trade secret documents pursuant to Cal. Rule of Court 2.551 (b)(3). Plaintiffs do not intend to file a motion to have the records sealed, and hereby give notice to XYZ Market that the records lodged herewith, will be placed in the public court file unless XYZ Market files a timely motion or application to seal the records.
XYZ Market also claims that its employees do thorough inspections, or sweeps, of the entire customer floor area every hour. In fact, this is the linchpin of XYZ Market’s entire motion. XYZ Market believes that a single logged sweep inoculates it from liability in this or any lawsuit.
However, as discussed in the legal argument section infra, XYZ Market’s policy that each employee has responsibility for detecting and correcting problems on the floor is consistent with the actual law (Rowland v. Christian and its progeny) requiring property owners to exercise reasonable care in the maintenance of their premises. Simply logging a sweep does not provide an absolute defense.
The documents also show that XYZ Market has had repeated problems with employees logging their sweeps before actually completing them. The documents contained in attached exhibits show that this was a topic for reinforcement with employees every month. (See Monthly Safety Training and Weekly Safety Huddle).
XYZ Market is also aware that its operations can create dangerous conditions. XYZ Market literature refers to drippings, which is moisture from floral displays, produce and meats.
XYZ Market’s literature says that employees are supposed to immediately cone off wet areas and clean it up. (See exhibit entitled “Customer Accident Prevention” and “Slip and Fall Prevention.”) (See Part 5 of 12.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.