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Keywords

plaintiffliabilityappealtrialverdictmotionsustained

plaintiffdefendantliabilitytrialverdictmotion

Related Cases

Smith v. Wal-Mart Stores, Inc., 967 S.W.2d 198

Facts

Elizabeth Smith, the plaintiff, suffered personal injuries when she slipped and fell in the vestibule of a Wal-Mart store due to water on the floor. The water had accumulated as a result of the store watering its plants and shrubs outside. Elizabeth's husband, Joel Smith, brought a derivative action for loss of consortium. The jury found Wal-Mart 100% at fault and awarded Elizabeth $300,000 and Joel $25,000. Wal-Mart appealed the decision, arguing that the water was an open and obvious danger and that various evidentiary errors occurred during the trial.

Issue

Whether the trial court erred in denying Wal-Mart's motions for directed verdict and new trial based on claims of open and obvious danger and cumulative evidentiary errors.

Rule

In premises liability cases, a landowner owes a duty to invitees to exercise reasonable care to keep the premises safe. A landowner may be liable if their conduct falls below the applicable standard of care, which is determined by the jury. Even if a condition is deemed open and obvious, the landowner may still be liable if they should have anticipated harm to invitees.

Generally, the duty owed to an invitee by the owner of the premises is the exercise of reasonable and ordinary care in making the premises safe. A landowner is liable in a premises liability case when his or her conduct falls below the applicable standard of care established to protect against unreasonable risk of harm.

Analysis

The court found that the evidence supported the jury's conclusion that Wal-Mart should have anticipated harm to its invitees, as they were aware of the wet conditions in the vestibule. Elizabeth testified that she did not see the puddle before her fall, and the lack of sunlight in the vestibule made it difficult to notice the water. The court also noted that another customer had previously slipped in the same area, which should have alerted Wal-Mart to the potential danger.

Record supported jury's finding that defendant store was 100% at fault for customer's slip-and-fall in store's vestibule; flowing and pooled water was present on store's parking lot in front of its vestibule, and in its vestibule, as result of store watering its plants and shrubs, no sunlight entered into vestibule which could have glistened on floor to make puddle noticeable, and store was aware that vestibule floor was wet and could be slippery, as another customer had slid on water in vestibule and informed store's greeter about incident one hour before plaintiff fell.

Conclusion

The Court of Appeals affirmed the jury's verdict, holding that the evidence supported the finding that Wal-Mart was 100% at fault for the injuries sustained by Elizabeth Smith.

Affirmed.

Who won?

Elizabeth Smith prevailed in her premises liability action against Wal-Mart. The jury found that Wal-Mart was 100% at fault for the conditions that led to her slip and fall. The court upheld the jury's decision, emphasizing that the store had a duty to maintain a safe environment for its customers and failed to do so by not addressing the wet conditions in the vestibule, which they were aware of prior to the incident.

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