Accidents happen, but in a country like the US where healthcare is not just “not cheap” but prohibitively expensive, having one is akin to a death sentence carried out by crippling medical debt, especially if the accident is severe enough to leave the person with long term issues that will require continued medical care. This is exactly what happened to a California resident one day while shopping at Costco, a normal day turned into a nightmare when she had an accident in one of their stores and is now suing the company for negligence.
While this type of accident could happen anywhere, the fact that it happened in a Costco warehouse likely means that the litigation process will be a lot more public and criticized, because even though suing is the only way to get insurance companies to pay fair damages and the medical care needed after an incident like this one, the public is being bombarded with the idea that these lawsuits are frivolous and not worth the money that the plaintiffs ask for.
The Costco accident that is making the news because of negligence
Going back to the beginning, the incident occurred to Sadie Novotny, a Sonoma County, California, resident who was shopping at the warehouse’s Santa Rosa location when a liquor cabinet collapsed on her. The action is one that we have all done a million times, we get close to merchandise and touch it, except this time she had the misfortune that the piece collapsed on top of her.
When complaining to the company, she wrote a description of the incident, stating that “My husband and I were buying a liquor cabinet. I was holding the flat bed when the floor model felt on top of me. I caught the cabinet and pushed it back. My right shoulder, forearm, hand, fingers and lower back hurt after the accident.”
The complaint continued to allege that the cabinet was “in a dangerous and/or precarious position” given that it had thin legs and was on a worn wooden pallet that was clearly unsuitable to support its weight. Other reports filed later with the lawyers state that Sadie suffered severe injuries from the experience, describing them as “multiple, permanent and severe injuries, including, but not limited to, a closed head injury and traumatic brain injury.”
The doctors confirmed that she is not well and is not expected to make a full recovery any time soon, which will impede her return to regular life and a job. Her attorney, Claude Wyle of San Francisco has stated that Costco has a video showcasing the incident courtesy of their security cameras, but that a copy has not been made available to them.
In the meantime, they are suing the company for about $14.1 million, claiming damages for general negligence, premises liability, and product liability, distributed in the following manner:
- $5 million for pain, suffering, and inconvenience
- $5 million for emotional distress
- $4 million for future medical costs and projected loss of income
- $100,000 for incurred medical expenses and loss of income to date
The lawsuit was filed on April 29 and states “The negligent conduct of the defendants and each of them was a substantial factor in causing the plaintiff’s injuries.” While it was originally filed in the Alameda Superior Court, Costco has successfully petitioned for the trial to be moved to the U.S. District Court for Northern California. However, as an interesting turn of events, the company is now claiming that they do not operate the store where the incident occurred and are now denying any liability. While this could be trial strategy, it is a very odd claim to make considering that the incident occurred at one of their locations.