A safety expert witness opines on a case happened in Vermont involving a trip and fall in a retail parking lot of . The plaintiff went to a retail store to purchase a gift for her granddaughter. After parking her car, she walked through the parking lot toward the store. She stepped into an open hole and fell to the pavement. She suffered numerous injuries. At the time, the plaintiff was wearing rubber-soled shoes and was not distracted, according to the store security video. Store personnel responded to the parking lot. The assistant manager acknowledged that day and in his deposition that the lot had a defect.
The retailer has a safety resource manual that requires employees to ensure the parking lot is free from potholes, trash, large cracks, and cracked sidewalks and curbs and to alert a salaried member of the management when these items need repair.
The plaintiff sued the retailer for negligence.