Employee Negligence and the Consequences of Inattentiveness Causing Injuries

This video illustrates the consequences of a choosing not to pay full attention to your surroundings. The video comes from the ceiling surveillance footage of a major retail store here in San Diego County, and depicts a customer (in red) being bumped by a store employee (in blue) causing major injuries after the lady in red falls against a wall to the floor.

Who do you believe is at fault or majority of fault? The lady in red or the lady in blue? The bottom line is, we all need to pay attention to our surroundings. This was a completely 100% preventable collision between a customer and employee. The case settled about 4 weeks before a jury trial in San Diego. I retained a bio-mechanical expert who put together this video along with the actual footage of the collision to show the story of how the lady in red, my client, was injured from this preventable collision.

My client received three surgeries. Two right shoulder surgeries, and one left leg surgery. She was walking to the Vision Center to meet her daughter after she forgot her wallet in the car. You can see it is not that crowded, and the store employee is distracted by her supervisor and being questioned on what she is about to do. Keep in mind, this is near the front entrance behind the cash registers where there tends to be heavy flow of customer traffic.

Well, the good news is the case settled, and sets a reminder to this store that employees pivoting must do so carefully so they can prevent future bumps, like the one that occurred her, from ever occurring again. As a customer, pay full attention to store employees as well. We all know prevention is the best medicine.

Mark Blane
Founder of The Law Offices of Mark Blane, APC