The store did not act with reasonable care based on the condition of the parking lot at the time of the accident. The defect in the paving from the parking lot was an unsafe impediment to pedestrian travel and was the direct cause of her accident. The defect should have been discovered during inspections designed specifically to detect such safety hazards and, as a result, direct remedial measures taken. The fact that the defect that caused the accident existed in spite of the employee inspection policy indicates that reasonable care was not taken to discover and safeguard the hazard.

The defendant had a management safety program that was violated. Reasonable care was not exercised in regard to the trip hazard that caused the accident. In addition, to help establish the standard of reasonable care in the industry and assist companies in establishing a safety policy, the American Society for Testing and Materials “Standard Practice for Safe Walking Surfaces” advises that substandard walkway conditions including broken, depressed, uneven and cracked pavement and abrupt variations in elevation must be repaired.

The expert is a certified safety professional.