Galveston woman sues Wal-Mart for fall injury

John Suayan, Galveston Bureau Jul. 31, 2008, 6:00am

GALVESTON � A local woman who slipped and fell at a Galveston Wal-Mart in August 2007 is suing the discount retailer.

Penny McClain's lawsuit was filed July 24 before the 10th District Court in Galveston.

The lawsuit blames her "permanent and disabling injuries" on Wal-Mart's alleged negligence and breach of duty of ordinary care in regards to puddles of water on the floor.

The store in question and its manager were also named defendants.

The incident took place on August 22, 2007. McClain supposedly made her way through the fruits and vegetables section unaware of the presence of a water hose, according to court papers.

"Defendant had a water hose stretched across the floor watering the fruits and vegetables section. Plaintiff was walking toward the fruits and vegetables section when she slipped on a wet floor causing her to land on the floor and wall with great force, causing serious bodily injuries," they explain.

The suit alleges the defendants created the situation.

"Defendants knew or should have known of the condition on its premises. Additionally, the defendants created the condition and it was foreseeable that someone would slip and fall."

Overall, the suit asserts the Wal-Mart was in the wrong in the following areas:

  • In creating and/or maintaining a dangerous condition upon its premises;
  • In failing to inspect the premises in order to discover the dangerous condition;
  • In failing to correct the dangerous condition which was created or maintained by the defendants on it premises;
  • In failing to warn the plaintiff that the dangerous condition existed on the premises;
  • In failing to warn to provide and maintain a reasonably safe place for business invitees to shop; and
  • In failing to properly supervise the employees in their activities and work.

    McClain is seeking damages to cover lost wages and medical expenses.

    Darrell Apffel of Galveston is representing the plaintiff. The case has been assigned to Judge David Garner.

    Case No. 08CV0785

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