California woman suing Costco for $14M after she says a liquor cabinet display fell on her, leaving her with serious injuries — what to know if you’re ever injured due to a store’s negligence

Novotny reports she sustained several permanent injuries, including a traumatic brain injury. She’s asking for $9 million for pain and suffering, $5 million for emotional distress, and additional funds to cover medical bills, lost income and household support.

What does the lawsuit allege?

Her attorney, Claude Armand Wyle, told ABC News that Novotny began feeling unwell shortly after the incident and was taken to the hospital about an hour later. Doctors diagnosed her with a concussionhead injury, and she continues to suffer from headaches and vision issues.

According to Wyle, Costco representatives confirmed the store has security footage of the incident but have refused to share it voluntarily.

“The employee told me that the video didn’t happen the way I explained it,” Wyle said. “I told her, ‘Well, send it.’ She then said, ‘Oh no, you can only get that video through discovery.’”

In law, discovery is the pre-trial process where each side of a lawsuit shares information and evidence. Wyle says that left them no choice. “If I wanted to get to the truth, I had to file a lawsuit.”

The lawsuit was first filed in Alameda County Superior Court but has since been transferred to federal court at the request of Costco. A preliminary hearing to manage the case is currently set for September 4.

The role of businesses in customer safety

At the heart of this case is a legal concept called premises liability. It holds property owners and operators responsible for maintaining reasonably safe conditions for visitors. If a customer is injured due to negligence, such as an unsecured display or damaged flooring, the store may be held liable.

In general, stores are responsible for:

• Identifying hazards: Store employees must regularly inspect the premises.
• Fixing known issues: If something poses a risk — such as a worn pallet — they are expected to repair it promptly.
• Warning customers: If a hazard can’t be fixed immediately, clear signage or barriers should be used.

However, liability doesn’t apply to every incident. Businesses are not typically responsible for injuries caused by hazards they didn’t know about and couldn’t reasonably have known about.

But, laws also vary by state. For example, in California, plaintiffs must prove that the business either knew or should have known about the dangerous condition and failed to take appropriate action, and that the dangerous condition wasn’t open and obvious to a reasonable person.

Injured in a store? Here's what to do

If you're hurt in a store or commercial setting, quick action can protect your health and your legal rights. Take these steps immediately to protect your health and potential legal case:

• Seek medical attention immediately: Even if symptoms feel mild at first, get checked out in case things get worse.
• Document the scene: Take photos or video of what caused your injury, if possible. Ask for contact information from witnesses if you're able to.
• Report the incident: Notify store management and ask for a written report about the incident.
• Choose your words carefully: Don’t say things that could be taken as admitting fault, such as apologizing or saying, “I’m so clumsy.”
• Speak with an attorney: A personal injury lawyer can help you navigate the claims process and access evidence, like surveillance footage.

As the case moves forward, Novotny’s legal team says they hope to use the discovery process to obtain the video and build their case. Costco has not yet publicly responded to the lawsuit.