Legal Question in Personal Injury in Minnesota

On December 20, 2010, Peter Piper and his five-year old son Poopsie Piper went shopping at the Marshall Wally World Discount Store. While Peter examined some leather gloves, Poopsie ran up and down the aisles in the food section. When Poopsie turned and began running down the condiments aisle, he slipped on a smashed jar of salsa and fell into the shelving. A number of jars of salsa fell on the floor beside him, with one shattering by his left eye. Pieces of glass from that bottle flew into his left eye and had to be removed surgically. In addition, the tendons in his right thumb were severed when he fell on a piece of glass from the original broken salsa jar.

It is later determined that Peter was shoplifting gloves at the time of the accident. It also was determined that the salsa jar Poopsie slipped on had been knocked to the floor by a Wally World customer as she attempted to negotiate the aisle with a shopping cart. A Wally World employee witnessed the accident and immediately went to locate the food section manager to clean up the mess. The manager arrived right after the accident, and immediately tended to Poopsie and summoned an ambulance. The salsa had been on the floor for 1 or 2 minutes before Poopsie slipped on it.
As a result of the accident, Poopsie has permanent visual impairment in his left eye and permanent loss of some range of motion in his right thumb. A negligence lawsuit is brought against Wally World by Peter and Poopsie. Write an advisory opinion how this case will fare if it will go forward to litigation. In your examination, you should refer to case authority and provide analysis to reach your conclusion.

Asked on 7/14/11, 9:55 pm

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Peter should get a criminal defense attorney for himself and personal injury attorney for his son. You should do your own homework.

Answered on 7/16/11, 8:01 am

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