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, Save Mart, Walmart, or Whole Foods.
(Please also 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.)
Maintenance and Inspection of the Floor
At the time of the incident, Safeway had in place procedures to inspect and maintain the floors. Safeway assigned a courtesy clerk to clean and inspect the floors at least once every hour. Courtesy clerks were responsible for documenting that they were conducting their sweep activities by “punching” the Sweep Log, sliding their employee time card through the time clock, pressing a button designating a sweep. In addition, as set forth in the Declaration of Safeway store manager, David Hall, employees are trained to clean up anything they observe on the floor, management continuously walks the store to monitor the condition of the floors, and an outside maintenance crew maintains the floors each night.
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Safeway courtesy clerk Herbert Lee was assigned to inspect and sweep the floors between 8:00 a.m. and 9:00 a.m., on March 24, 2009. As set forth in the Declaration of Mr. Lee, during his sweep hour, he sweeps and inspects the entire store, and then punches the Sweep Log immediately after completing his inspection. Mr. Lee punches the Sweep Log only after he completes an entire sweep of the floors to indicate that the floors were clean and dry at that time.
The Sweep Log for March 24, 2009, the date of the incident, documents that courtesy clerk Herbert Lee punched the Sweep Log at 8:56, which translates into 8:33 a.m. As set forth in the Declaration of Herbert Lee, Mr. Lee inspected and cleaned the floor in the area where plaintiff fell just 7 to 12 minutes prior to plaintiff’s fall. Further, Mr. Lee inspected the floor in the area where plaintiff fell after the fall, and observed it to be clean and dry other than what plaintiff had been carrying at the time of the fall. The sweep log is reflected in military time, with 100 units to the hour. Accordingly, the entry of 8:56 translates into 8:33 a.m. (See Part 5 of 9.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.