Shopper’s own negligence caused her fall

Where a shopper had a reasonable opportunity to recognize a display pallet’s shape and contours, the risk of tripping over it was open and obvious. When she tripped and fell over the display, her negligence contributed to her injury.

Background

While shopping at an Ollie’s Bargain Outlet Inc. store on June 27, 2018, Rose Roberson tripped on a pallet display and fell. On May 22, 2020, Roberson filed suit against Ollie’s, alleging that Ollie’s negligence caused her to trip and fall. Currently before the court is defendant’s motion for summary judgment.

Analysis

According to the undisputed facts, Roberson tripped over the corner of a pallet display after she took roughly 16 seconds to place her purse on top of the display and organize its contents. Roberson passed this same pallet display when she entered the store as well. After a 16-second opportunity to recognize the pallet display’s shape and contours, any person exercising reasonable care would have been mindful to step around it. Thus, the risk of tripping over the pallet display was open and obvious to Roberson.

Plaintiff argues that the risk of tripping over the pallet display was not open and obvious because the gap between the pallet’s wooden slats at the bottom of the display was not in her field of view. While perhaps plaintiff could not see the gap in the pallet, surely after 16 seconds she could see the pallet display as a whole and realize where the display ended and the path out of the store began.

Moreover, the pallet’s edge was almost entirely even with the cardboard boxes and detergent resting on top of it. The pallet was not jutting out from the rest of the display where plaintiff placed her handbag. So, regardless of any gap in the pallet, a reasonable person would have stepped around the display to avoid it

Because the risk of tripping over the pallet display was open and obvious and Roberson failed to avoid it, her negligence contributed to her injury. Under Virginia law, her contributory negligence fully bars any recovery she seeks in this lawsuit.

Defendant’s motion for summary judgment granted.

Roberson v. Ollie’s Bargain Outlet Inc., Case No. 3:21-cv-312, Feb. 11, 2022. EDVA at Richmond (Hudson). VLW 022-3-075. 6 pp.