A woman in Highland Park, New Jersey was carrying a tray of hot coffee when she tripped over a rebar spike in the parking lot. She sustained multiple injuries, including burns, and shoulder and back injuries. She was also forced to undergo surgery for some of these injuries.
The rebar spike had previously been holding a curb stop before the stop became dislodged, and unfortunately for the injured woman, the Dunkin’ Donuts store had neglected to fix the hazardous issue.
It is not only unfortunate for the woman that was hurt, but it is also a problem for the business as they are now required to dish out a $522,000 settlement to the woman for damages. The worst part of this entire ordeal is that it all could have been avoided if the store had remedied the broken curb stop in a timely manner.
Providing a Safe Workplace
Businesses are required to provide everyone that comes onto their property a reasonable level of safety. There’s nothing that can be done about a random meteor strike, but a broken curb stop is the responsibility of the business. By not fixing the problem, or even providing sufficient warning about the hazard, the Highland Park Dunkin’ Donuts location failed to provide a reasonable level of safety for its customer.
The injured woman’s attorney told CNBC that “basic standards for parking lot maintenance are for the protection and safety of the general public. Allowing a metal spike to protrude out of the asphalt clearly violates these standards. Although it is never a replacement for health, Ms. Marsala is hopeful that the settlement will serve to remind business owners that their customer’s safety should always be a priority.”
Garland & Mason, L.L.C. – New Jersey business lawyers