When consumers in New York go shopping, the last thing anyone would expect is to suffer severe injuries due to conditions in the store that are dangerous or unsafe. Unfortunately, it could happen to anyone in any store because not all property owners take due care to eliminate hazards that could harm customers. The prevalence is underscored by the many premises liability claims filed in New York courts.
A 62-year-old resident of New York who allegedly suffered severe injuries during a visit to the store in 2016 recently filed a federal lawsuit against a Costco branch in Brookfield. Court documents indicate that the plaintiff allegedly suffered irreversible brain damage when a steel rod struck him above the eye. He claims to have reached higher than seven feet to get a hold of a product that was on top of the stack. During this process, a three-inch diameter, 40-inch long steel pipe fell from the stack.
The reason for the pipe being on the stack of paper towels is not clear. According to the complaint, the plaintiff suffered multiple physical injuries, including a concussion that left him with impaired neurological dexterity in his left hand along with facial muscle and nerve damage. He contends that the injuries led to migraines, light and noise sensitivity, and cognitive problems, including behavior and mood changes along with lapses in short-term memory.
Costco is accused of failing to meet its duty of care to the plaintiff who was an invited customer. Furthermore, the self-service environment of the store lacked reasonable care to eliminate dangerous and unsafe conditions. The pursuit of financial relief to cover economic and non-economic damages involves a complicated field of the law, and an experienced New York premises liability attorney might best serve victims.