Loading ...
Sorry, an error occurred while loading the content.

Development comments

Expand Messages
  • Jurydoctor@aol.com
    A customer at a supermarket situated on property owned by ABC Land ... summoned ... falls on the ... If anyone is liable it would be the private janitorial
    Message 1 of 1 , Aug 28, 2007
    View Source
    • 0 Attachment
      A customer at a supermarket situated on property owned by ABC Land
      > Development accidentally drops a bottle of Ocean Spray Cranberry Juice.
      > Management is immediately notified. A private janitorial company is
      summoned
      > to clean it up but does a very, very poor job. Another customer slips and
      falls on the
      > poorly cleaned area and is severeloy injured.
      > ________________
      > What if the janitor (who did a lousy job) is the one that gets hurt? Who is
      > responsible then?

      If anyone is liable it would be the private janitorial company who
      employed the moron. Their liability would be limited per the Workman's
      Compensation laws in their state. Any attempt to bring the supermarket
      into this suit would be dependent upon the timing, e.g. how long after
      the crappy cleanup job was "completed" by the janitor did he
      intentionally <g> fall on his mistakes? I would hope that unless there
      was some showing that the time lag was such that the store personnel
      should have noticed the continuing hazard, that no attempt would be made
      to bring in the supermarket. OTOH, if some sleazoid attorney attempted
      this stunt, I would (were I on the jury) award him a full case of Ocean
      Spray Cranberry Juice inserted where the sun never shines. The janitor
      would still be entitled to his WC settlement and no more..

      ___________
      I agree, which makes it a worker's comp case....




      ************************************** Get a sneak peek of the all-new AOL at
      http://discover.aol.com/memed/aolcom30tour


      [Non-text portions of this message have been removed]
    Your message has been successfully submitted and would be delivered to recipients shortly.