Customer's eye gets harmed by tag during fitting; lawsuit falls flat.
In a store, a woman sustained an injury after a price tag hit her eye while she was trying on clothes. However, a court ruled that the store owner cannot be held responsible due to a common price tag on the item.
The woman had claimed that the design of the price tag, which lacked proper safety measures and visibility, was dangerous. Consequently, she experienced a corneal transplant, pain, and limited vision.
On the other hand, the store owner maintained that a price tag with rounded corners and a flexible cord should be utilized. According to them, the price tag's size and the weight of the entire bundle made it noticeable. Additionally, it was mandatory to display a price tag.
The court concluded that the woman herself was accountable for her injury. Checking the price tag before trying on the clothing is a common practice for customers, ensuring they do not hurt themselves during the process. For these reasons, the judge placed all the responsibility for the accident on the plaintiff.
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- Despite the woman's lawsuit for an action for damages for pain and suffering due to an eye injury during a fitting, the Munich Regional Court dismissed it, finding her responsible for not checking the price tag beforehand.
- The court's decision was based on the fact that inspecting the price tag is a usual customer practice to avoid accidental eye injuries caused by such tags.
- Despite the woman's argument that the price tag lacked proper safety measures and visibility, the court believed that the store's use of a price tag with rounded corners and a flexible cord was reasonable, given the item's size and weight.
- The store owner argued that implementing such a price tag design and practice was an attempt to prevent such eye injuries, as claims of customers getting injured by price tags in their stores were not uncommon.
- Regardless, the woman's case for lawsuit against the store owner for the eye injury did not hold water, and the Munich Regional Court ruled that she must bear the responsibility for the accident.
Source: www.stern.de
