Baby spit up prompts legal action against mall

Ann Knef Jan. 23, 2006, 10:08am

St. Clair Square in Fairview Heights

St. Clair Square shopper Rebecca Rhein is suing the mall for knee injuries she sustained after slipping on baby spit up last year.

Rhein claims the accident took place on the second floor near the Build A Bear Workshop store on Jan. 19, 2004.

She filed the action in St. Clair County Circuit Court Jan. 18 against the mall's owners, CBL & Associates, and its safety director Thomas Auer.

Rhein, seeking in excess of $150,000 in damages, claims the "spill of fluid" should have been recognized on the mall's video surveillance system and quickly cleaned.

"Defendant, or the people he was responsible for training, negligently failed to act quickly, to clean up said fluid on the floor, or to post orange cones near the spill," the complaint states.

The suit also claims the flooring was unreasonably slick and unsafe.

"Said flooring was installed because of its attractiveness in order to attract shoppers to the mall," the comlaint states.

Representing herself, Rhein claims she underwent surgery on both knees last year as a result of the accident.

"Plaintiff slipped and fell on baby spit up which plaintiff did not know was on the floor, greatly injuring her knees and causing her to be disabled, and causingh her to suffer great pain and knee scars...," the complaint states.

More News