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Woman sues JC Penney for unsafe property after falling

A Pennsylvania woman is blaming the staff and management of a New Jersey store for a fall she took while shopping there. The woman and her husband are seeking damages from the JC Penney Corporation of Philadelphia for the accident that took place in 2011.

According to the lawsuit, the woman stumbled on uneven flooring at a JC Penney store in Woodbury, New Jersey, while shopping there in November 2011. The lawsuit states that she fell to the floor and suffered pain and injuries to her neck, back, legs and hands in addition to nervous system shock. The complaint says that she has had to undergo ongoing treatment for her injuries and has accumulating medical expenses for treatment and monitoring. The injuries have also resulted in a decrease in her earning potential because she can no longer perform her usual job duties.

The woman's husband is also suing JC Penney for loss of consortium with his wife. Each lawsuit seeks $50,000 damages from the company, which it says was negligent for failing to maintain a safe property, failing to guard customers from entering the unsafe area and failing to repair the uneven flooring.

All property owners have a duty to maintain their properties so that they are reasonably safe for those who visit. A property owner's responsibility in this regard is called premises liability. When someone is injured on a property that has not been safely maintained by its owner, the injured party could file a premises liability lawsuit to recover damages. A personal injury lawyer could examine the facts of the situation and help prepare the paperwork for a claim.

Source: The Pennsylvania Record, "Pa. woman sues JC Penney for fall at New Jersey store", Jim Boyle, July 24, 2014

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