Grandma Smacks into Wall then Smacks Apple with Lawsuit

The New York Post gives us a personal injury case from Long Island that’s a little different.

An 83-year-old Grandmother walks into a glass wall at an Apple store and breaks her nose. She sues Apple for $1 million.

The glass wall is typical of all Apple stores. The sleek design is supposed to appeal to a young, tech-savvy crowd. But the woman’s lawyer says the design fails to consider the danger to older customers who may have difficulty seeing the glass walls.

The woman’s lawyer says Apple must “realize that the elderly generation are their customers, too”The lawsuit claims that Apple should have put marks on the glass to ensure customers can see the walls so they won’t walk into them.

Would Apple be considered negligent under BC law?

Here at home, a retailer’s responsibility to customer safety is outlined in the Occupiers Liability Act. The Act says an occupier owes a duty to take reasonable care to ensure that people are safe when using their premises. BC Courts have emphasized that the test is not perfection, but what is reasonable in all of the circumstances.

Apple might want to consider adding some obvious warning signs to their glass walls. Or maybe an Apple logo.

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Saro Turner
Saro joined Slater Vecchio LLP in June 2009. In addition to compensation for pain and suffering, he has obtained compensation for past and future loss of income, health care expenses and more.