Wal-Mart sued after man slips and falls due to wet floor

Michelle Keahey, East Texas Bureau Aug. 9, 2012, 11:00am

LUFKIN - After slipping on a wet floor and falling, a Polk County man has filed a lawsuit against a store for not placing warning signs to indicate that the floor was wet and slick.

Gary Duff filed suit against Wal-Mart Stores Inc. on June 27 in Polk County District Court. The defendant removed the case to the Eastern District of Texas, Lufkin Division on Aug. 8.

The incident occurred on Sept. 22, 2011 as Duff was shopping at the Wal-Mart store in Livingston. He states he slipped and fell due to the wet floor. He allegedly suffered an ACL tear in his knee and injuries to his back.

According to the lawsuit, the fabric carpets at the entry had been moved and there was no sign to caution customers of the dangerous and slick condition of the floor.

Duff argues that the sun was out at the time of the incident, which indicates that the condition was present for an extended amount of time.

The defendant is accused of negligence for breaching its duty of care by failing to warn of the condition and for failing to make the condition reasonably safe.

The plaintiff is asking the court for an award of damages for medical expenses, pain and suffering, mental anguish, loss of consortium, loss of household services, permanent impairment and disability, and interest.

Duff is represented by Kevin A. Forsberg of The Forsberg Law Firm P.C. in Montgomery.

Case No. 9:12-cv-00124

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