A customer of a Stein Mart store located in a Nashville, TN, shopping area has failed in her attempt to blame Stein Mart for an injury she suffered there.
The Stein Mart store is part of a shopping area in downtown Nashville, and the injury to the customer occurred just after she had been using the store’s dressing room to try on various garments.
As she left the dressing room, however, she encountered a shopping cart blocking her exit. Apparently, another shopper had carelessly left the cart there. Then as she attempted to squeeze past the cart, she stumbled and fell, suffering various injuries.
That left it to the the court to determine whether the injury was actually caused by Stein Mart personnel or whether Stein Mart personnel simply had actual notice of the dangerous condition before the accident occurred, but did nothing. The shopper claimed that she had no notice before her injury of potential harm that she might suffer.
In finding Stein Mart blameless for the injury to the Stein Mart customer, the court explained, “Since the foreseeability and gravity of harm do not outweigh the burden to engage in alternative conduct, Stein Mart does not owe a duty of care for this open and obvious condition.