Evidence of an accident or injury alone is not enough to withstand a motion for summary judgment in a premises liability case.
In Jobe v. Goodwill Industries of Middle Tennessee, Inc., No. M2017-02299-COA-R3-CV (Tenn. Ct. App. June 4, 2018), plaintiff was a shopper at a Goodwill store. When she “attempted to sit in a plastic chair that was displayed for sale,” the chair collapsed, causing plaintiff to fall and injure herself. Plaintiff filed this premises liability action, and defendant filed a motion for summary judgment. The trial court granted summary judgment to defendant, and the Court of Appeals affirmed.
In a premises liability case, a plaintiff must be able to prove the elements of a negligence claim, and also that “the condition was caused or created by the owner, operator, or agent or that the owner or operator had actual or constructive notice that the condition existed prior to the accident.” (internal citation omitted). While business owners must keep their properties reasonably safe, they are “not responsible for removing or warning against conditions from which no unreasonable risk was to be anticipated.” (internal citation omitted).
In support of its motion for summary judgment, defendant submitted deposition testimony from two employees who stated that donated items are “visually inspected and examined by a donation attendant when received and inspected again by a processing employee before merchandise is priced and placed on the sales floor.” One employee stated that while they do not sit on furniture to inspect it, they move it around and check its sturdiness. Further, defendant cited part of plaintiff’s deposition testimony wherein she answered that there was nothing “apparent or obvious to [her] in looking at [the chair] while it was still intact that told you it might not be safe to sit on.”