(CMR) A 57-year-old woman has filed a lawsuit against Cost-U-Less for injuries she sustained in a fall after she stepped on a grape while leaving the store.
Adena Miller is claiming that the accident and resulting injury were caused by the negligence of the store, its employees, servants or agent, or both.
According to court documents, on 31 December 2022, Adena Miller visited the store with her husband to purchase some goods and supplies. At approximately 11:45 am, as she was leaving the store carrying a tote bag over her shoulder and her cell phone in her right hand, her left leg slipped, and she fell to the ground, sustaining personal injuries.
She reportedly fell to the floor, hitting her left knee and also her right hand, which she put out to brace herself. Her phone dropped onto the floor as she fell. When Miller lifted up her shoe and discovered a squashed grape. The accident happened in front of the customer service counter, and there were a number of witnesses, and a Cost-U-Less employee immediate;y went to her assistance.
Miller suffered an injury to her left knee, right arm, and lower back. She attended Doctors Hospital on 2 January 2023 with a painful wrist, knee and contusion, and bruising to her lower back and sacrum. She was provided with pain medication and underwent imaging. She was diagnosed as having suffered a full-thickness tear of her right scapho lunate ligament and underwent surgery on the 20 January.
Prior to the accident, she had undergone a total knee replacement in her left knee in 2016.
Miller has undergone physiotherapy for her lower back pain and her wrist. She has had significant difficulty sleeping due to the pain and restrictions in her home and working life.
She still suffers ongoing discomfort, especially when she has been particularly active or sitting or standing for long periods of time.
According to court documents, Cost-U-Less was negligent as it failed to take any or any reasonable care to see that Miller would be reasonably safe in using the premises as a customer; it exposed lawful visitors to danger or a trap and foreseeable risk of injury; and failed to take any or any adequate care for Miller's safety.
The store is also accused of failing to take reasonable care to prevent injury or damages to the plaintiff from unusual dangers on the premises and failing to institute any or any adequate system of cleaning.