14 August 2023 , 23:57
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A New Hampshire woman has filed a lawsuit against a popular luxury Italian market after she fractured her ankle by slipping on "a piece of prosciutto on the floor" while trying to get a free sample at a Massachusetts location.
Alice Cohen was with her husband at the Italian food mall Eataly in Boston in October when she fell on a bit of cured ham, the lawsuit alleges. Alice's husband - Richard Cohen - is also named as a plaintiff in the lawsuit.
The suit, filed on Friday in Suffolk Superior Court, says Ms Cohen had been making for the area where the samples are handed out when she went down hard. The court document says: “Alice Cohen sustained bodily injuries, a loss of enjoyment of life, pain and suffering, and incurred necessary medical expenses for medical care and attention."
Her medical expenses, including a hospital visit and physical therapy, have resulted in more than $7,500 in bills, according to court papers. The court filing says she suffered a left ankle sprain and distal fibular avulsion fracture.
Cohen and her husband Ronald, from Gilford, New Hampshire, are seeking a jury trial and at least $50,000 in damages.
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Entrance to the Boston Eataly (Boston Globe via Getty Images)The suit claims Eataly was negligent for not properly cleaning the floor, leaving ham for Ms Cohen to fall over.
Her lawyers claim that the injury caused her "a loss of enjoyment of life," as well as "great pain and suffering."
The restaurant “had a duty to ensure that the surface of the floors were free from unnecessary dangers, a duty to use ordinary care to maintain the premises in a reasonably safe condition and a duty to warn of such dangerous conditions,” the lawsuit says.
It continues that Eataly Boston "to maintain it premises in a condition that would not create an unreasonable risk of harm to those lawfully on the premises and to ensure that the premises was safe for use by its customers, including Plaintiff."
It also claims that the plaintiffs had damages that exceeded $50,000. The couple is seeking "an amount sufficient to compensate them fully and fairly for all injuries and damages, including physical and emotional pain and suffering, and loss of consortium, plus interest costs."
Loss of consortium is a legal term for when an injury to a spouse has an affect on their relationship with their partner. This can include loss of companionship, unable to do activities together, unable to bear children or unable to have sex.
Eataly is a luxury Italian restaurant and food market with eight locations in the US and eight overseas, according to the company’s website.
Mirror has reached out to Eataly for comment.