Washington Court of Appeals Affirms Summary Judgment for Supermarket Chain Client
On June 8, 2026, Baker Sterchi secured affirmance of summary judgment in favor of a supermarket chain client in a premises liability case arising from a customer’s fall over electrical cords.
The plaintiff encountered two extension cords crossing the floor while shopping at one of the client’s stores. Although she saw the cords, she attempted to step over them, caught her trailing foot and fell. She subsequently filed a negligence action, alleging the store should have anticipated the potential harm despite the open and obvious nature of the condition.
Summary judgment was filed, arguing that the plaintiff saw the cords, appreciated the risk associated with stepping over them and voluntarily chose to encounter that risk. The trial court granted the motion and dismissed the plaintiff’s claims.
In affirming summary judgment, the Court of Appeals held that the cords presented an open and obvious condition and that the plaintiff’s testimony established she understood and assumed the risk of stepping over them. The court also rejected her argument that the client should have anticipated the harm, concluding that the cords were not an extreme danger and that she could have asked an employee for assistance or avoided the section altogether.
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