Title: Jury Awards $120K for Negligence in Staircase Fall at Retailer
Source: Wright v. House of Imports, Inc.
Tags: Personal Injury, Premises Liability, Negligence, Retailer Responsibility, Kentucky Law, Slip and Fall
Introduction:
In a notable Kentucky case, a customer was awarded $120,863.75 in damages against, a retail establishment. This compensation was awarded for injuries sustained from a fall down a staircase on the retailer’s premises. The Court of Appeals initially overturned this decision, questioning the trial court’s judgment regarding expert testimony on building code violations. However, upon discretionary review, the Supreme Court reversed the Court of Appeals’ judgment, reinstating the trial court’s original decision.
Case Summary and Outcome:
The customer visited the retailer to purchase shoes and, while exiting, slipped and fell down the stairs, sustaining serious injuries. The customer filed a negligence lawsuit against the retailer, claiming the retailer failed to maintain safe premises. The jury, applying comparative fault principles, attributed 25% fault to the customer and 75% to the retailer. The customer was awarded $75,000 for pain and suffering and $86,151.56 for medical expenses, totaling $120,863.67 after adjusting for fault.
During the trial, the customer presented expert testimony indicating violations of the Kentucky Building Code’s safety standards at the premises. The Court of Appeals initially found error in the trial court’s omission of jury instructions regarding the applicability of these codes. However, the Supreme Court found no palpable error in this decision, affirming the trial court’s judgment and reinstating the original compensation awarded to the customer.
Conclusion:
The Supreme Court’s decision emphasizes the responsibility of business owners to maintain safe premises for customers. In this case, the retail establishment was found significantly liable for the customer’s injuries due to their negligence in premises maintenance. The customer was compensated for his pain, suffering, and medical expenses, amounting to $120,863.67. This case serves as a crucial reminder for retailers about the importance of adhering to safety standards to prevent similar incidents.
