Injury In Idaho

Banana Peel – Is it Yellow or Brown?

One of the most common cases brought by clients to Idaho personal injury attorneys are cases where a client has fallen while shopping in a store. Although most of these falls do not result in permanent injuries, some of them can cause severely disabling medical conditions and even death. But can stores be held liable to pay for the medical bills and other damages sustained by such customers?

The duties of any store or landowner depends on the legal status of the person injured. A store customer is known as a business invitee. Under Idaho law, the store owner owes an invitee the duty to keep the store in a reasonably safe condition or to warn of hidden or concealed dangers. That standard was put to the test in the 2011 Idaho Supreme Court decision in Antim vs. Fred Meyer Stores. In that case, the plaintiff Antim was injured as a result of tripping on a folded mat on the floor. The lower court dismissed the case, and the Idaho Supreme Court upheld that dismissal, stating in its written decision:

“Antim failed to present any evidence to demonstrate when the mat was folded in order to establish how long it remained in such a dangerous position prior to her fall. Antim did not claim to know when the mat was folded and did not argue that evidence could be produced at trial to indicate the length of time during which the hazard existed. Antim’s contention that the mat remained folded for twenty-five minutes is not based on facts or personal observation. Rather, her contention is based on pure speculation that the mat could have been folded over soon after the manager’s inspection. Antim’s suggestion that the mat was folded for at least twenty-five minutes prior to her fall is not supported by the record and is not sufficient to demonstrate that Fred Meyer or CSG should have been aware of the mat’s unsafe condition.”

In other words, it’s not enough for the injured person to prove that a dangerous condition existed; rather, it is necessary to prove that the store knew or should have known about the condition. For this reason, an easy way to remember the law in premises liability cases is to think of banana peels. If a person slips on a brown banana peel, this fact suggests that the peel was on the floor for an extended period of time, and the supermarket may be liable for resulting injuries. If the banana peel is yellow, the case may get thrown out of court.

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