A man is taking on a retail giant in court after a dangerous fall left him injured. Osmar Hernandez filed a complaint against Wal-Mart Stores Inc. in Harris County - County Civil Court at Law No. 3 on August 29, 2024, alleging negligence on the part of the retail behemoth.
According to the lawsuit, Hernandez was visiting the Walmart Supercenter located at West Sam Houston Parkway South in Houston, Texas, on September 18, 2023. As he exited the store, he encountered a hazardous condition in the parking lot where a pipe was leaking water, creating a pool that had accumulated over time. Unbeknownst to Hernandez, this standing water had led to the formation of a slippery layer of algae. As he crossed the area, he slipped and fell hard onto the ground.
The plaintiff claims that immediately after his fall, he got up soaked in water and left the premises. However, as he returned home, pain in his back, waist, and left hand began to increase significantly. The lawsuit also mentions that Walmart's parking lot is equipped with surveillance cameras that likely captured the incident and could serve as evidence of both the dangerous condition and Hernandez's resulting injury.
Hernandez alleges that Wal-Mart Stores Inc., its agents, and employees failed to maintain a safe environment by not properly inspecting and maintaining the premises—specifically the parking lot where the pipe was leaking. The complaint further accuses Walmart of failing to warn him about the hazardous condition caused by leaking water and algae accumulation. "Defendant failed to have appropriate safety protocols for its employees and agents to manage and organize potentially dangerous conditions on premises," reads one part of the petition.
The plaintiff asserts that at all relevant times herein, he was an "invitee" under Texas law—a classification given to individuals who enter premises for mutual benefit or for purposes connected with business dealings with the property owner. He contends that Walmart had control over the premises where he was injured and thus owed him certain duties which were breached.
Asserting negligence under various counts including failure to inspect and maintain premises adequately and failure to warn about known hazards, Hernandez is seeking monetary relief for medical care expenses incurred both past and future, physical pain suffered in both periods as well as mental anguish endured due to this incident. He also seeks compensation for physical impairment affecting his daily life activities along with loss of earning capacity.
Represented by attorneys David Sanchez (State Bar No. 24053461) and Peter Flores (State Bar No. 24140086) from David Sanchez Law Group PLLC., Hernandez has requested judgment against Wal-Mart Stores Inc., including pre-judgment interest from date of injury through date of judgment at maximum rate allowed by law; post-judgment interest at legal rate; costs of court; along with any other relief deemed just by law or equity.
The case will be presided over by Judge Teneshia Hudspeth under Case ID: CAUSE NO. 1722886.