A MAN claims that he was severely injured while purchasing art from the Lord and Taylor in Boca Raton. In a complaint filed in Palm Beach County Circuit Court, lawyers for Curtis Rossband claim the man bought two 8 foot by 10 foot oil paintings that weigh approximately 40 pounds each. The paintings were insured and were purchased at an unknown value. The paintings were removed from the truck, the lawyers say, and were placed in a location where the owner and employees did not have access. The victim later discovered the paintings and they contained oil drippings and dust which ultimately caused permanent damage to his back.

An examination of the painting revealed what caused the accident: a loose plank between the panels of the painting. In many cases, defective products such as this can cause serious injury or death. This is precisely why experts at such prestigious institutions as the Smithsonian have agreed that you should never touch the painting itself with your bare hands, even if there is only the slightest bit of dust on the surface. These experts have also advised consumers to avoid any activity that might result in scratching or excessive lifting of the painting.

On the evening of the accident, the victim and another patron, identified as Briannea Johnson, were in the restroom of Lord and Taylor Boca Raton when the victim began to feel pain in his back. He then reached into the back of his pants, where oil residue had been previously collecting, and discovered that a painting had come loose from its hook on which the loose plank had been fixed. At that point, the defendant did not bother to inform either the victim or Briannea Johnson of any potential dangers connected to the loose painting. This incident occurred just one day before the scheduled opening of the museum.

In addition to the pain that Mr. Taylor felt in his back, Mr. Taylor additionally suffered an identical injury to that which Mr. Taylor sustained as a result of the accident: a laceration to his right ear. This laceration was so severe that it required medical treatment to heal. This injury was, in fact, sufficient to cause the postponement of the scheduled opening of the Lord and Taylor Boca Raton museum. As a direct result of this accident, Mr. Taylor and Mr. Briannea Johnson have filed a lawsuit against the defendant, which has been vigorously defended by the defendant’s counsel.

During the course of the lawsuit, details of which are readily available to the public, it has been discovered that the defendant repeatedly told the plaintiffs that he had repaired the painting in order to protect the reputation of Lord and Taylor. It has been discovered that the painting was not, in fact, fixed properly; that portions of the painting flake off; that paint particles continually get trapped under the painting; that parts of the painting flake off; and that the paint in these portions of the painting is in fact peeling. Further, it has been discovered that Lord and Taylor are simply trying to position their good name in front of the court in order to divert attention from the fact that they were asleep during the fixing of the painting. In addition, it has been found that the motive for these lies in the fact that the defendant repeatedly told the plaintiffs that he had fixed the painting and that he had done so with the assistance of Lord and Taylor. It has also been discovered that in all likelihood the painting in question was not even in any way fixed during the time that Lord and Taylor were in fact asleep.

The victims of this case feel that if they are awarded compensation for their injuries, they will be unable to recoup any losses. Furthermore, in light of the fact that Lord and Taylor apparently knew of the faulty workmanship prior to allowing the work to be performed and yet still allowed the painting to go on as part of the exhibits displayed at the London exhibition, one can reasonably infer that they actually knew the painting was substandard and that their decision to allow it to go on display was reckless and negligent. One of the fundamental principles underlying liability law is that a plaintiff cannot succeed on a claim unless there is proof of actual knowledge of the defect. If Lord and Taylor could show that they only found out about the poor quality of the painting after the lawsuit was filed, then it would clearly be the case that they actually knew about the painting’s defects even prior to permitting its display.

By Ricky

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