Summary Judgment Granted Due To Lack of Evidence of Actual or Constructive Notice of When The Cap of the Spray Bottle that Fell Was Loosened

In the case of Rivera v. CVS Pharmacy, No. 23-4799-KSM (E.D. Pa. Nov. 5, 2024 Marston, J.), the court granted summary judgment in a case where a customer grabbed a spray bottle of disinfectant and the spray mechanism became detached at which point the bottle fell to the ground and some of the liquid allegedly splashed in the Plaintiff's eyes.

The court ruled that there was no evidence provided by the Plaintiff to show how, when, or under what circumstances, the spray bottle that allegedly injured the Plaintiff became loose or unscrewed and allegedly allowed for the product to then come apart and fall to the floor.

The court reiterated the general rule of law that a business is not an insurer of the safety of business visitors. Rather, such businesses only owe business visitors duties of care as established under negligence law.

The court found that there was no evidence of actual constructive notice on the part of the Defendant presented by the Plaintiff. Nor was there any evidence of a frequent recurrence that could create a duty to prevent the type of incident from occurring again.

The court also noted that there is no duty to create a property monitoring policy unless constructive notice is first established.

Anyone wishing to review a copy of this decision may click this LINK.  The Court's companion Order can be reviewed at this LINK.

I send thanks to Attorney James M. Beck of the Philadelphia office of the Reed Smith law firm for bringing this case to my attention.