No Liability After Falling Box Lands on Customer's Foot
A customer won't collect for a broken toe after lifting a box of slate tiles by its plastic banding, which broke.
February 16, 2018 at 10:00 AM
2 minute read
PREMISES LIABILITY
PALM BEACH CIRCUIT COURT
A jury found the operator of a store was not to blame for a heavy box falling on a customer's foot.
On Aug. 12, 2015, Anil Mistry, then in his 40s, went to a Floor & Decor Outlets of America Inc. store in Boynton Beach to pick up a box of slate tiles. As he picked up the 70-pound box by its plastic banding, the straps broke, causing the box to fall on his left foot and fracture his big toe. Minstry claimed store employees and customers often used the plastic banding as handles but the store failed to warn customers against the dangerous practice.
Defense counsel claimed there were warnings against lifting the boxes by the plastic straps, but even if there weren't, the danger of lifting a heavy box by plastic straps was obvious.
Case: Mistry v. Floor & Decor Outlets of America
Case No.: 50-2016-CA-007253-XXXX-MB
Plaintiffs attorneys: Edward V. Ricci and Donald J. Ward, Searcy Denney Scarola Barnhart & Shipley, West Palm Beach
Defense attorneys: Michael J. Carney, Kubicki Draper, Fort Lauderdale, and Matthew Remmel, Floor & Decor, Atlanta
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