In 2016, a 62-year-old man was seriously injured in a New York Costco store when a steel rod fell, striking him in the head. Peter Aurigemma Jr. has filed a lawsuit against the bulk retailer, alleging that he suffered damages due to dangerous and/or defective conditions.
According to the lawsuit, the victim was reaching for paper towels, which were located at least seven feet above floor level, when the steel pipe fell and struck him. Following the accident, Aurigemma Jr. suffered serious medical complications, including a concussion, loss of dexterity in his left hand, damage to the nerves and muscles surrounding his left eye, migraines, noise and light sensitivities, lapses in short-term memory, and even behavioral changes. As a result of these injuries, Aurigemma Jr. is seeking compensation for medical expenses, pain and suffering and lost wages. A Boston personal injury lawyer can help you determine how to proceed if you’ve been injured by another’s negligence.
Under premises liability law, property owners are responsible for maintaining reasonably safe conditions on their property so that visitors aren’t harmed. The “status” of the visitor is important when determining liability. For example, trespassers have less rights than invitees. If you are injured while trespassing on store property after hours, your chances of winning a premises liability lawsuit are quite limited. In the Costco case above, however, the victim was not trespassing. In this particular scenario, he would be considered an invitee, or someone who is invited onto the property for a certain purpose, such as shopping. When a store is open to the public, the invitation is implied.
What if Both Parties are at Fault?
Although fault in Aurigemma Jr.’s case is yet to be determined, it is possible that both parties could be at fault. Maybe he grabbed a ladder marked “employees only” to reach the paper towels, possibly making him partially at fault. And maybe the placement of a steel rod on top of a roll of paper towels also makes Costco partially at fault. In MA, when both parties are at fault, a “comparative fault” system is used to reduce the victim’s legal damages by his/her percentage of fault. Therefore, if the victim is found to be 25 percent liable for the accident, his/her personal injury award will be reduced by 25 percent.
And this isn’t Costco’s “first rodeo” when it comes to premises liability lawsuits. The company was ordered to pay more than $400,000 to a slip-and-fall victim with a fractured ankle in 2017, and a New York woman who was hit by a shopping cart on a Costco escalator was awarded nearly $10 million in 2014. In this most recent lawsuit, Costco will have to prove that it took reasonable precautions to ensure the safety of customers. The allegation that paper towels—intended for customer use—were stacked more than seven feet high may have the greatest impact on the outcome of the case. Aurigemma’s lawyers will also likely question why a steel pipe was placed in close proximity to those paper towels. A MA personal injury lawyer can help you recover damages if you’ve been injured due to another’s negligence.
Altman & Altman, LLP—Top Personal Injury Law Firm in MA
If you have been injured in a store, shopping center, parking lot or any other public place, the skilled legal team at Altman & Altman, LLP can help. We have been protecting the rights of accident and injury victims for more than 50 years, and we have an impressive track record of obtaining compensation for our clients. Our experienced, knowledgeable lawyers will thoroughly analyze the details of your case to determine the most appropriate legal strategy, and we’ll be by your side throughout the entire process. Don’t go through this difficult time alone, we can help. Contact Altman & Altman, LLP today for a free and confidential consultation about your case.