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I think they are both liable.*
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The thing that matters more than liability is insurance. The store has an insurance policy to cover all accidents on the premises, and should cover this one. The customer, while pretty stupid for basically cart jousting, shouldn’t be held liable for anything.
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The store would be liable. Only if the customer did something illegal would she be liable, she didn’t run the long metal into him.
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No the customer is not liable, the employee ran into her. The store has to assume the liability for the hearing aid and any medical bills. They also should file an accident with OSHA.
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I too think they are equally liable but the store will assume liability. The employee will be covered by the companies insurance.
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Need more facts.
For instance, if customer was running down the aisle like a bat out of hell, then customer likely liable.
If employee was running around the store like a bat out of hell, while customer was non-chalantly strolling down the aisle, then customer not liable for anything; employee will likely still be entitled to workman’s comp though.
Need more facts.
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