The Shelby County Circuit recently granted the Motion for Summary Judgment filed by Christopher M. Myatt of Spicer Rudstrom’s Memphis office on behalf of a national retailer in a premises liability case. The Plaintiff claimed personal injuries after tripping over a pallet located in the aisle of the store. On behalf of the store, Mr. Myatt argued that the pallet, in and of itself, did not constitute an unreasonably dangerous condition. Further, the Plaintiff’s mere fall and resulting injury did not transform the humble pallet into something dangerous. As Tennessee courts have stated repeatedly, “People do trip and fall over conditions that are not unsafe.”
The trial court agreed, holding that since the pallet was not unreasonably dangerous as a matter of law, the premises owner did not owe Plaintiff a duty of reasonable care. In other words, if there is no dangerous condition, a business owner or operator has nothing to remove, remedy, or warn. Accordingly, the trial court dismissed the Plaintiff’s case.