Home > Research Legal Advice > Personal Injury > Is a major grocery distributor responsible for poor packaging which caus...
Asked 11 months ago - Phoenix, AZ
FlagWhile placing a case of bottled water in the refrigerator one bottle fell out ( due to the outside plastic stretching) hitting the top of my foot. Can I recoop the large amount of out of pocket money this has cost me?
Without knowing more of the facts it is difficult to answer your question. I can tell you that in general terms in Arizona, an owner of real property, such as the grocery store, has to act in a reasonable and prudent manner to keep its premises free from known dangerous conditions. If the store knew or should have known of the dangerous condition and did nothing to remedy it and that condition cause an injury to a invitee (you as customer), the store could be responsible.
But again based on what little facts you have presented it is difficult to state either way.
I would just add that if you do have a personal injury claim in Arizona, you will not be limited to recovering your out-of-pocket money. If you have insurance that covers your medical, you can still recover the full amounts your medical providers billed. Your recovery will not be limited by the amounts that insurers paid or reduced your bills based on negotiated discounts. However, in some limited cases, the insurer or provider may have a lien against your recovery.
This is a little outside my area, as I handle med mal cases. But it seems to me there are two theories - both of them difficulty to prove. One is negligence on the part of the grocer -- but you would have to show that the grocer knew or should have known of the stretched plastic. The other is stict product liability on the part of the manufacturer and the grocer. You would need to prove that there was a defect in the plastic which made it unreasonably dangerous. But the threshold question is whether your injury is sufficient to make hiring an attorney and incurring the costs and risks of litigation worth the effort.
I hope you are alright.
There are a couple of things that would likely need to be answered before anyone could give you a proper answer. Some of these things may include: did you buy the water; did it go from the store directly into a vehicle; who touched it in the store and helped you put it into a cart and into your car; how long was it in your car; were there other items in your car next to the water; who removed it from the car; when did you first notice it having a problem; did you look at the package each time you touched it and picked it up; where did you look? As you can see there may be some questions.
In Arizona, to recover under a product liability claim a person must prove that it was defective and unreasonably dangerous which would likely require expert testimony.
If this happened in the store, as opposed to your residence, the store may have medical payments coverage. Medical payments coverage applies in most cases regardless of fault. If this happened in another persons residence they may have the same coverage or perhaps your home owners insurance policy has coverage.
With a good personal injury lawyer, you may prevail on either a product liability theory or negligence theory. Search Avvo.com for a personal injury lawyer in your state for representation.
The answer does not create an attorney/client relationship and is for informational purposes only.
Lassen Law Firm
1515 Market St #1510
Philadelphia, PA 19102
215-510-6755
http://www.InjuryLawyerPhiladelphia.com
Don't speak legalese? We define thousands of terms in plain English.
Browse our legal dictionary