Kmart shopper sues after slipping and falling

By Michelle Keahey, East Texas Bureau | Jul 25, 2013

TEXARKANA- After slipping and falling while shopping, a Bowie County woman has filed a lawsuit against Kmart claiming they failed to warn shoppers about the dangerous conditions on the premises.

Audra Canfield filed suit against Sears Holding Corp. and Kmart Corp. on June 18 in Bowie County District Court. The defendant removed the case to the Eastern District of Texas, Texarkana Division on July 19. 

The incident occurred on Aug. 12, 2011 as Canfield was shopping at the Kmart Store located in Texarkana. She states as she was in front of the electronics department, her right foot slipped, she twisted her ankle and she fell. According to the lawsuit, the cleaning crew found the fluid in the electronics isle where Canfield slipped and fell.

The defendant is accused of negligence for failing to monitor the premises in a safe and reasonable manner, failing to monitor the premises for potentially dangerous/hazardous conditions existing on the premises, failing to properly train and supervise employees to recognize and correct potentially dangerous/hazardous conditions, and for failing to warn business invitees of the dangerous/hazardous conditions.

The plaintiff is seeking an award of damages for physical impairment, mental anguish, medical expenses, pain and suffering, court costs, and attorney’s fees.

Canfield is represented by Bruce A. Flint and Matthew Q. Soyars of Flint & Soyars, P.C. in Texarkana. A jury trial is requested.

Case No. 5:13-cv-00086

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