This case involves a negative tanning incident in Sumner County. For those of us who live in Sumner County, we know that you do not go to the tanning beds at Captain Video. But, I digress.
Apparently, the plaintiff and her sister enjoy the health benefits of tanned skin. In 2007, both women went to Captain Video. When her session ended, the plaintiff attempted to lift the top but was unable to do so because "it was too heavy.". She called for help, but for some unexplained reason, no one heard her cries. Finally, her sister became concerned about her welfare because, after all, it was only a 20 minute session. She entered the room and found the plaintiff lying on the tanning bed covered in sweat. Oh, that was from tanning.
Someone -- we don't know who -- lifted the tanning bed top and extricated the plaintiff from the tanning bed. The plaintiff was rushed to the emergency room due to her injuries. The record is unclear as to the nature of those injuries, but the word on the street is that a fingernail may have been broken. At this point, my cynicism is showing.
The real issue in this story is that a business owner is only liable for conditions of which it has actual or constructive knowledge. In this case, the owner and its employees regularly inspected the tanning beds and there had been no other complaints that the tanning bed top was too heavy. In addition, the owner promptly took steps to remove any defective beds from operation until repairs were made. The injured plaintiff had no evidence to the contrary. Result: judgment for the owner.
Two morals for this story:
1. It is safer to tan in the sun than in a coffin with lights.
2. Business owners can avoid liability by regular inspections and documentation.
See Harding, et al. v. Donovan Enterprises, Inc.
