A 'Beaut' of a Premises Liability Claim

We successfully defended a premises liability claim at arbitration on behalf of a beauty supply retailer. The plaintiff was a patron of the store, which sold wigs and assorted beauty products. While sitting at a vanity trying on a wig, a five-foot hollow pole used to grab wigs from higher shelves moved from its resting position against a wall. The pole, weighing less than one pound, allegedly struck the plaintiff on her forehead and then her right hand. The plaintiff claimed she sustained a concussion and permanent disability in her right index finger. At arbitration, the defense did not contest liability but submitted an expert report stating that, at most, the plaintiff would have sustained a contusion, if any injury at all, as a result of the accident. The plaintiff’s pre-arbitration demand was $60,000. The arbitration panel entered an award in favor of the plaintiff for $750, the amount of her unpaid medical bills.