I went to Walmart on a rainy day and because the floor was damp and slippery, I fell and injured myself. Is the store liable?

I went shopping at Walmart on a rainy day. The area inside the front doors was very wet, from all the wet shoppers going in and out. I slipped on the wet floor and hurt my back. Does Walmart have to pay for my injury?

Answers (1)

Walmart may very well be liable. Stores and other institutions that invite the public in have a duty to the public, to maintain safe conditions. One of the most common ways that duty is violated is by having wet floors. It is not the case that anytime a floor is wet, the store is automatically liable; however, if the store knew or should have known that a wet, slippery condition existed and had a chance to take some action  to increase safety but did not, then liability may exist.

For example, say that just before you walked in, a shopper who had been drinking from a water bottle dropped it on the floor by the entrance. In that case, since the store neither caused the condition nor would have necessarily had a chance to react to it, there probably would be no liability.

However, in the situation you describe, where it was raining and shoppers were tracking water into the store, Walmart staff would both be aware of the condition and have a chance to do something—mop it up, put up “wet floor signs,” put out carpeting or mats, etc. If there is awareness and opportunity, there may be liability. That means there is a good chance you can sue for your Walmart injury.

You’re certainly in plenty of company bringing a Walmart lawsuit. Walmart, as the nation’s largest retailer, may also be the most-often sued. Slip and fall claims, where the store did not fix or warn about a slipper condition, are among the most common ones; another common category are lawsuits brought over falling merchandise. (Walmart often stacks its shelves and aisles too high.) In keeping with Walmart’s size, these suits can result in large recoveries by the injured shoppers.

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