Federal Court Grants Defendant, Retail Store’s, Motion for Summary Judgment in Slip and Fall Claim

Jacienth Jacques (plaintiff) alleges she was injured when she tripped and fell on a pallet that Wal-Mart (defendant) had left on the floor of their store in Lauderdale Lakes, FL. Jacques alleges that Wal-Mart negligently failed to warn her of the pallet and also failed to maintain the store in a reasonably safe condition. Wal-Mart moved for summary judgment, arguing that the wooden pallet on the floor was of an open and obvious nature. Wal-Mart did not owe Jacques a duty to warn and did maintain the store in a reasonably safe condition. Specifically, the nature of the wooden pallet was so open and obvious, so common and so ordinarily innocuous that it could not be considered a hidden danger. The Court agreed, finding that Wal-Mart neither owed Jacques a duty to warn nor failed to maintain the premises in a reasonably safe condition.  Jacques claimed various injuries to her neck, back, wrists, right knee and left foot.

The Motion was written by HM&B attorney Patricia Concepcion.