In home improvement store, a customer put a piece of long metal (about 6 ft long) in her cart. It was protruding. An employee ran into it and caused a lot of bleeding around his ear and possibly broke his hearing aid. Is the customer liable / solely liable? And what is the liability?

6 Responses to “Who is liable for an accident that happened in a home improvement store?”

1. firewomen
   April 10th, 2010 @ 8:30 am

   I think they are both liable.*

2. Robin G
   April 12th, 2010 @ 11:32 pm

   The thing that matters more than liability is insurance. The store has an insurance policy to cover all accidents on the premises, and should cover this one. The customer, while pretty stupid for basically cart jousting, shouldn’t be held liable for anything.

3. Hertha
   April 15th, 2010 @ 12:45 am

   The store would be liable. Only if the customer did something illegal would she be liable, she didn’t run the long metal into him.

4. Tina Marie
   April 17th, 2010 @ 4:48 am

   No the customer is not liable, the employee ran into her. The store has to assume the liability for the hearing aid and any medical bills. They also should file an accident with OSHA.

5. quincie
   April 19th, 2010 @ 5:28 am

   I too think they are equally liable but the store will assume liability. The employee will be covered by the companies insurance.

6. Mr Placid
   April 21st, 2010 @ 12:08 am

   Need more facts.

   For instance, if customer was running down the aisle like a bat out of hell, then customer likely liable.

   If employee was running around the store like a bat out of hell, while customer was non-chalantly strolling down the aisle, then customer not liable for anything; employee will likely still be entitled to workman’s comp though.

   Need more facts.

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