Trial Team Leader Elinor Leary and Attorney Alexandra Hamilton filed a complaint on behalf of Asad Allah against Whole Foods Market its management company R. I. & 17TH, LLC, and the homeowners association Potrero Homeowners Association for product liability, negligence, nuisance, and premise liability. The lawsuit also alleges that Whole Foods failed to warn, protect or evacuate patrons when a false alarm went off in the store, emitting an inappropriate, excessive and harmful sound. As a result of this negligence and reckless breach of duty, Asad’s hearing was damaged. He now suffers from tinnitus.
On January 10, 2015, Asad, his wife and their three-year-old daughter were shopping at a Whole Foods Market in San Francisco. As the family was waiting in the checkout line, Whole Foods’ alarm system started to emit a loud, constant sound. Concerned about the noise exposure, Asad covered his daughter’s ears, leaving his ears exposed. A Whole Foods employee informed customers it was a false alarm, but made no efforts to warn, protect, or evacuate customers. Asad left the store with his daughter and drove to the front to pick up his wife. The alarm was still ringing when they left.
As a result of Defendants’ negligence, Asad now suffers from tinnitus and a constant ringing sound in his ears.
"Defendants negligently and recklessly breached their duty of care by not maintaining a safe alarm system and not evacuating patrons from the building or turning off the alarm system," said Leary. "This caused customers to be exposed to a harmful noise for an extended period of time."