Injured shopper alleges Wal-Mart intentionally distracted customers with floral displays

By Kelly Holleran | Apr 19, 2010

A woman has filed suit against Wal-Mart, alleging she slipped on water in front of a flower display.

Sabina Zamora claims she was shopping at the store located at 8585 Memorial Blvd. in Port Arthur on May 16, 2008, when the incident occurred.

According to her complaint filed April 9 in Jefferson County District Court, Zamora was shopping with her daughter and was walking in front of the fresh floral display at the front of the store when she slipped on spilled water.

"Wal-Mart consciously and deliberately employed a marketing strategy to attract customers' attention to goods on display," the suit states. "This consequently focused customers' attention away from unexpected dangerous conditions on walkways. Thereby Wal-Mart actually increased the likelihood that this unexpected dangerous condition would not be discovered by Sabina Zamora."

Because of her fall, Zamora claims she sustained injuries to her arm, shoulder, hand, neck, back and body; incurred medical costs; lost earnings and/or her earning capacity; and experienced physical pain, suffering, mental anguish, physical impairment and physical disfigurement, according to the complaint.

In her complaint, Zamora accuses Wal-Mart of negligence and gross negligence, saying it failed to provide her with a safe place to shop, created an unsafe condition, failed to stand guard and to provide an adequate number of employees to protect customers from the water hazard, failed to alert shoppers to the existence of the possible hazard, failed to have in place proper safety procedures, failed to alert Zamora on how to avoid the risk and left the water unattended and without a barricade.

In addition, Zamora accuses Wal-Mart of breach of warranties, saying the store falsely represented it is an exemplar worldwide retailer that maintains an establishment free of risks, provides quality as high as the customer expects, provides customer satisfaction, provides a passion for its customers well-being, provides a sense of urgency in all responsibilities to its customers, practices servant leadership where its managers are on the floor with customers and provides a positive impact to the lives of their customers.

Zamora is seeking actual damages, pre- and post-judgment interest at the highest rate allowed by law, exemplary damages, costs and other relief the court deems just.

Gilbert T. Adams and Alton V. Watson III of the Law Offices of Gilbert T. Adams in Beaumont will be representing her.

The case has been assigned to Judge Milton Shuffield, 136th District Court.

Jefferson County District Court case number: D186-503.

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