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Wednesday, February 10, 2016

Texas Appellate Court Rules against Big Lots in Injury Case

Earlier this year, a Texas appellate court reviewed a $1 million verdict in favor of a man injured at a Pasadena Big Lots location. Despite the chain’s best efforts to avoid the payout, the court ultimately held in favor of the victim under Texas’s laws of negligence and premises liability. The case involves multiple components of personal injury law, including a 10 percent reduction in the plaintiff’s ultimate recover amount due to his contribution to the injury – a concept known as “comparative negligence.” If you have been recently injured while shopping at a retail or grocery store, please do not hesitate to contact the legal professionals of Sawicki Law.

Details of Big Lots case

The case against Big Lots began in 2011 when a 62-year old man shopping in the store was sudden impaled by a 32-ounce jug of deck wash falling from atop a four-foot shelf. Allegedly, the jug was shoved off the shelf by a store employee in the next aisle over who was in the process of stocking the adjacent shelf. According to the plaintiff, he was kneeling on the floor to pick up additional jugs that had fallen – also due to the inventory shifts caused by the associate in the neighboring aisle – when he was struck by the jug in question. Using this admission, Big Lots asserted that the victim was obviously aware that bottles were falling, and he assumed the risk of being hit when he kneeled down to pick up the other bottles.

Following the incident, the victim was treated for a concussion and was ultimately treated for post-concussion syndrome, which manifests in the following ways:

  • Chronic headaches
  • Nausea
  • Memory loss
  • Difficulty with cognitive tasks

To compensate him for his injuries, the victim and was ultimately awarded $1,063,788. The award was reduced by 10 ten percent due to the defense’s “assumption of the risk” argument, and was ultimately upheld on appeal.

If you have been recently injured while shopping, you should be contact a reputable personal attorney injury to ensure that your rights are protected and that you receive appropriate compensation for the injuries you have received. 

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