Woman Sues Walgreens After Faulty Shopping Cart Injury
A Florida woman is suing Walgreens after she says she was injured by a faulty shopping cart. According to the lawsuit, the woman was pushing the faulty shopping cart when the wheels “locked up” causing a sudden jolt that made the woman fall, causing injury. The lawsuit claims that the woman suffered permanent injury as a result of the accident, but it fails to specifically state the nature of those permanent injuries. Complaints can be amended as the litigation unfolds. However, the lawsuit states that the plaintiff’s doctors are reasonably certain this injury will persist.
This is important to a personal injury lawsuit. Injuries that have a reasonable chance of fully healing won’t net extensive compensation. However, even seemingly minor injuries like broken bones cause nerve damage, limit mobility, and render an individual more likely to sustain injury or complications from injury in the future.
For the plaintiff and the defendant, there will be some question as to whether or not the injury she sustained was based more on a previous injury or this new injury. This question often comes into play when the defendant can’t claim they weren’t negligent. Below, we’ll discuss how the defense would approach this claim.
Were we negligent?
The first question the defense asks is: Were we negligent? In this case, you have a busted cart that locked up while the woman was wheeling it, probably causing injury to her ribs, chest, and then, after she fell, more injuries. Walgreens has control over the cart, the cart caused the injury, it should have been taken out of commission. So, chances are good that because Walgreens is responsible for the cart, they’re also responsible for the injury.
But what if the woman sustained a previous injury and the cart only compounded an already-existing injury? While the defendant can make that claim, the problem is that the premises must be safe for everyone. That includes the elderly, people with injuries, and anyone else. So, a defendant can be held liable for the aggravation of a pre-existing injury. Juries tend not to like it when a defendant claims an injury is solely caused by a pre-existing condition when they can plainly see how the defendant contributed to the injury.
Nonetheless, the defense will always explore this avenue.
Walgreens may have tried to claim that the cart was functioning properly, but the plaintiff failed to operate it correctly. Alternatively, obstruction, debris, or some condition of the aisles contributed to the injury. In that case, the plaintiff would have to establish that the defendants knew about the dangerous condition and failed to account for it. The plaintiff would have an easier time arguing that the cart was defective.
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The Matassini Law Firm represents the interests of Tampa residents who have been injured due to acts of negligence. Call our Tampa personal injury lawyers today to schedule a free consultation and learn more about how we can help.