gavelA customer of The Kroger Co. has filed a lawsuit against the grocery store alleging that the store is liable for her injuries due to their negligence.  The customer, Polly Mullins, was apparently at the store on December 26, 2011, when she bumped into a wooden pallet and punctured her right leg.  According to a source, this allegedly “caused her to fall and break her right hip and arm.”  She is suing the store for “negligence and negligent and/or intentional spoliation of evidence” and seeks both monetary and punitive damages.

What Is Premises Liability?

Premises liability claims generally arise when someone is injured on another person’s property due to the property owner’s negligent maintenance of the premises.  Usually, the duty of a landowner depends on whether the injured person is considered an invitee or a licensee.  An invitee is an individual who is on the landowner’s premises for the landowner’s benefit, while a licensee is a social guest who is on the land for their own purpose.  The duty owed to an invitee is greater than that owed to a licensee.  A landowner owes an invitee the duty to “warn or make safe dangerous conditions that are concealed and which the landowner knows of or should know of through reasonable inspection.”  On the other hand, the landowner owes a licensee the duty to “warn of dangerous and concealed conditions that they are aware of.”

Have You Been Injured By A Landowner’s Negligence?

If you or a loved one has been injured as a result of a landowner’s negligence, you may be entitled to compensation for your injuries.  To prevail in her lawsuit against Kroger, Polly Mullins must be able to show that the Kroger acted negligently in maintaining their property.  In order to prove negligence, she must first show that Kroger owed her a duty. Mullins must then prove that Kroger breached the legal duty owed to her.  Furthermore, she must show that she was injured.  Finally, she must be able to prove that the landowner’s negligence was the cause of her injury.

Do you think Mullins will prevail against Kroger on the theory of premises liability?

Click to learn more about premises liability.