![]() ![]() I don’t beleive they have breach their duty, it was clearly neligence on the plaintiff side, plus the defendent can come back with defense to neligence such as either contributary or comaparitive depending on which one your state adopted.Ĭontributory is means they will come back and say the plaintiff was part of the neligence, if you can prove that the plaintiff had some fault at neligence than you don’t have a case. Third, did the store had a actual and causation, if they had a breach of duty than they have causationįourth, if the store meet all these elements than they would be responsible for damages. Second does the store have breach of duty,the store has duty to make the store safe, but did they breach the duty on the doors? If you must ask you can see that this is a tort law, if you want to know if their is a good case just go through the elements of torts neligence.ĭoes the store have the Duty to act in a specific way, you have a legal duty. We all know that every retail has doors, you can clearly see the silver door handles. People sue all the time for money this is frivous lawsuit, and the plaintiff attorney knows this, their job is to make the defendent look as bad and as guilty as possible. Anyway, I feel that this lawsuit is redicolous, sounds like the plaintiff is just looking for money. My name is rebekkah and I attend pre-law classes plan on finish my law degree next year at Washburn University of Law. You can read the allegations in the Apple Store customer’s glass door personal injury and negligence lawsuit here, then share your thoughts below. Or perhaps on a more basic level, remind iPhone users to just watch where they are going. If it was the latest iPhone 4S, you would think that Apple engineers could have tasked Siri with getting shoppers safely in and out of the company’s retail stores. Discovery should clarify this.īut this case does get you wondering: just what iPhone was the plaintiff “planning to return” when she walked into the doors? This case seems like it will have a host of obstacles for the plaintiff to overcome. That’s a point Apple’s lawyers will likely raise in their defense. If you plan on going through a door, usually it’s a good idea to look for the door handles. ![]() ![]() Here’s a screenshot from the video, with a red arrow showing their location. Nope, none of that.Ī YouTube video of the store’s grand opening day, however, shows that the Apple Store’s doors actually have giant vertical handles attached to them. No indication that the elderly shopper was texting or talking on her iPhone at the time. No mention of any holiday shopper stampede when the plaintiff allegedly hurt herself. There is no suggestion that another Apple customer slammed a door into the plaintiff. Her lawyers described Apple’s clear glass doors as “dangerous.” Yikes! Who was at fault here? Plaintiff Evelyn Paswell maintains that her “injuries were due solely to the negligence of” Apple.Īccording to the lawsuit, Paswell was “planning to return her iPhone” to the store when she walked right into the store’s glass doors. An 83-year-old iPhone user sued Apple this week, claiming that she injured herself during prime winter holiday shopping season last December by walking “directly into the clear glass doors” at the company’s Manhasset, Long Island Apple retail store in New York. ![]()
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