Slip-and-Fall Personal Injury Claim Filed Against KFC Restaurant
Nov 17, 2015
Pennsauken, NJ (Law Firm Newswire) November 17, 2015 – The New Jersey Supreme Court ruled in September that the Kentucky Fried Chicken restaurant located in Cherry Hill, New Jersey, deserves a new trial in a slip-and-fall personal injury lawsuit.
The court determined that the trial court’s instructions to the jury were incorrect in that they contained a burden of proof exemption that, according to the state Supreme Court, is only applicable to self-service businesses, such as grocery stores and cafeterias, where consumers hold equipment and products.
Plaintiff Janice Prioleau filed a personal injury claim against KFC alleging that she suffered a slip-and-fall accident outside the restroom. Although she did not try to obtain medical treatment right away, she went to the emergency room upon her return home to Delaware. She said that she felt pain, numbness and a tingling sensation in her legs, arms and back. She went to the emergency room for a few days each week for approximately two months.
“Business owners have a duty to protect their customers from the risk of injury on their premises,” prominent New Jersey personal injury attorneys Petrillo & Goldberg stated. “Failure to do so will likely result in injury to the consumer, followed by a claim of negligence.”
Prioleau’s attorney contended that the employees produced the slippery condition by bringing grease from the kitchen to the bathrooms, which were also used by the customers. In this kind of personal injury claim, the customer is usually required to prove that the business had knowledge of the dangerous condition. However, there is an exception to the burden of proof that is called the “mode-of-operation” rule. The exception is applicable if the business’ practices caused the perilous conditions.
Although the trial court directed the jury to apply that doctrine, the appellate court found that it should not have been a factor in the jury’s decision. Justice Anne Patterson wrote that when a business permits its consumers to hold products and equipment, without supervision from employees, there is an increase in the risk that a hazardous condition will go unnoticed, and that customers will be injured.
This case can be distinguished from a previous case concerning a customer in a supermarket and a string bean. The court said that when greens are marketed in open bins from which consumers can serve themselves, it is likely that some greens will fall on the floor. In this case, the business owner must take measures to guard the consumer from the risk of being injured by this mode of operation.
Learn more at http://www.petrilloandgoldberg.com/
Petrillo & Goldberg Law
6951 North Park Drive
Pennsauken, NJ 08109
19 South 21st Street
Philadelphia, PA 19103
70 South Broad Street
Woodbury, NJ 08096
- Philadelphia Judge is named to oversee Amtrak cases
As a result of the Amtrak derailment that occurred in May in Philadelphia, there have been over 60 lawsuits filed alleging personal injury and wrongful death. A federal court panel stated that one judge in Philadelphia will manage the cases. The federal Judicial Panel on Multidistrict Litigation is a group that is responsible for organizing […]
- Filing a workers compensation claim should not result in termination
When employees are injured in the workplace they are often fearful of filing a workers compensation claim because they think the employer may retaliate by terminating their employment. However, it is illegal for employers to fire their employees because they filed such a claim. Nevertheless, employers may create other reasons for terminating the employment of […]
- Selection of expert witnesses in personal injury cases in Pennsylvania
Pursuant to a news article about expert witnesses in complex cases, parties may not enter into a settlement of a lawsuit until the issuance of reports or testimony by experts regarding knowledge held by an ordinary person and the expert. Expert testimony can be critical to the amount of damages a plaintiff in a personal […]
- Victim’s family files wrongful death claim against NASCAR star Tony Stewart
Last year, a 20-year-old sprint car driver named Kevin Ward Jr. was hit and killed by a vehicle driven by NASCAR star Tony Stewart. Ward’s parents allege that Stewart lost his temper when he rammed into Ward, and they have filed a wrongful death claim against Stewart. The incident occurred in August 2014 at Canandaigua […]
- Construction worker who suffered injury during rescue entitled to workers compensation
A Commonwealth Court of Pennsylvania panel issued a ruling that a construction worker who was injured while performing a rescue is entitled to workers compensation. The court did not accept the contention put forth by Franklin Pound’s employer, who argued that Pound was not engaged in work at the time at which he tried to […]