TRENTON, N.J. (Legal Newsline) – Shoprite is not liable for injuries to a woman who slipped in one of its stores, a New Jersey court has found.
The Superior Court of New Jersey Appellate Division ruled Dec. 31 that the plaintiff failed to establish a prima facie case of premises liability.
Plaintiff Beverly Jackson alleges she had shopped at a New Jersey Shoprite supermarket for many years. On the day in question, the ruling states video cameras show that just before Jackson entered the store, a teenager knocked a bottle of shampoo off a shelf, leaving a “dollop” of liquid on the floor. An adult with the teen picked up the bottle and put the shampoo back on the shelf. Three minutes later, Jackson walked down the aisle and slipped.
The Superior Court of New Jersey Law Division in Mercer County decided that because the accident had happened so quickly after the small spill, there had not been adequate time for the store to learn about the spill and clean it up. There was not adequate time for constructive notice, the court said.
The appeals court affirmed the trial court’s decision and summary judgment order that dismissed Jackson's premises liability complaint.
"'[A]n invitee seeking to hold a business proprietor liable in negligence 'must prove, as an element of the cause of action, that the defendant had actual or constructive knowledge of the dangerous condition that caused the accident,'” the decision stated, quoting previous ruling Prioleau v. Kentucky Fried Chicken.
“Plaintiff offers nothing to suggest that those 3 minutes during which the shampoo remained on the floor of the pharmacy section provided the supermarket a reasonable opportunity to discover and remove it, no matter how diligent its employees, and we agree with the trial judge that no reasonable jury could make such a finding on these facts,” the court said.
The appeals court rejected the plaintiff’s argument that lack of a written policy on spill cleanup by the supermarket made the company liable.
The attorneys for defendant Shoprite of Ewing demonstrated that even though there was no written policy, Shoprite employees were trained to monitor the aisles and clean up spills immediately. When a spill was found, employees were trailed to stand next to the spill to prevent shoppers from walking into it.
“We also fail to understand how the absence of a written policy for inspecting and correcting such spills could change the analysis,” the decision said.