Tuesday, March 5, 2013

Man Falls Due To Defective Toilet Seat in Best Buy Store

In researching Pennsylvania premises liability negligence lawsuits filed against Best Buy only a few cases turned up.  The only fall lawsuit I found against Best Buy Stores was the matter of David v. Best Buy handled in Federal Court by Pennsylvania personal injury lawyer Arthur Novello.

In Davis, on May 8, 2005, the plaintiff , 75, and retired pharmacist, was in Oceanside, Calif., visiting his son when he used the public restroom of a Best Buy retail store. Davis alleged that while he was using the toilet for its intended use, the toilet seat, without warning, dislodged and caused him to fall to the floor, resulting in multiple injuries.  Davis sued Best Buy Co. Inc. for premises liability, alleging a dangerous condition.

Plaintiff's counsel argued that Best Buy failed to properly test and inspect the toilet seat before usage, and the company also failed to exercise due and reasonable care and caution under the circumstances in view of the foreseeable dangers and foreseeable accidents and injuries that could occur or result in using said toilet seat.

Counsel for Best Buy denied the allegations, asserting there was a lack of notice regarding the alleged defect. Due to the lack of notice, contended counsel, there was no reasonable exercise of care that the store could have performed since Best Buy did not know the toilet seat would dislodge.

Davis flew home from California to Philadelphia the next morning and sought medical attention at Thomas Jefferson University Hospital for pain in his right elbow. He was diagnosed with aggravation of preexisting lateral epicondylitis and underwent injection therapy through the hospital over the course of a year.

Davis sought about $4,000 for past medical bills and an unspecified amount for past pain and suffering.

The jury returned a verdict in the plaintiff's favor for $12,000.

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