Wal-Mart sued after child trips on carpet in pet area

Michelle Massey, East Texas Bureau Feb. 22, 2011, 7:29am

A Jefferson County mother has filed a lawsuit against Wal-Mart after her child tripped on carpet and fell, injuring her head.

Mary Buxton, individually and as next friend on behalf of C.C., filed suit against Wal-Mart Stores Texas on Dec. 21 in Hardin County District Court. The defendant removed the case to the Eastern District of Texas, Beaumont Division.

The incident occurred on Dec. 28, 2008, at the Lumberton Wal-Mart. Buxton states the child was injured when she slipped and fell due to warped carpet near the fish tanks. According to the lawsuit, the child suffered a cut on her forehead.

Buxton argues that Wal-Mart should have placed warning signs in the area because the manager was aware of the condition of the carpet.

Wal-Mart is accused of breaching its duty to use ordinary care, including the duty to protect and safeguard the child from unreasonably dangerous conditions on the premises or to warn of the existence of the dangerous conditions.

The plaintiff is seeking damages for diminished earning capacity, physical impairment, mental anguish, physical pain, parental consortium, disfigurement, interest and court costs.

Buxton is represented by Beaumont attorney Jonathan C. Juhan.

U.S. District Judge Marcia A. Crone is assigned to the case.

Case No. 1:11-cv-00083

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