In a dramatic legal filing, a Texas resident is taking on a major retail chain over a slip-and-fall incident that she claims has caused her significant harm. On December 6, 2024, Sara Cuellar filed a lawsuit in the District Court of Harris County against Burlington Coat Factory of Texas, L.P., alleging negligence and seeking substantial damages.
The complaint details an incident that occurred on May 18, 2023, when Cuellar was shopping at the Burlington Coat Factory located at 14353 East Sam Houston Parkway North in Harris County. While navigating the store aisles, Cuellar slipped on a liquid substance that had been left unattended on the floor. The fall resulted in bodily injuries for which she holds Burlington accountable. According to the petition, Burlington Coat Factory was negligent in maintaining safe premises for its patrons by failing to warn or protect customers from such hazards. "Defendant knew or reasonably should have known of the condition of the premises," states the petition, accusing them of not fulfilling their duty to ensure customer safety.
Cuellar's legal team argues that Burlington's failure to address this dangerous condition constitutes negligence under premises liability laws. They claim that Burlington failed in several ways: by creating an unsafe environment through its employees' actions, neglecting to place caution signs or barriers around the hazardous area, and not cleaning up the spill promptly. Furthermore, they assert that these failures were exacerbated by gross negligence due to an "extreme degree of risk" involved with conscious indifference to customer safety.
The plaintiff seeks monetary relief ranging from $250,000 to $1 million for her injuries and suffering. In addition to compensatory damages for medical expenses and ongoing pain and suffering, Cuellar is also pursuing exemplary damages due to what she describes as gross negligence on Burlington's part. The lawsuit requests pre-judgment interest and all other relief deemed appropriate by the court.
Representing Sara Cuellar is attorney J. Terrelle Bynum from the Law Offices of Domingo Garcia, L.L.P., based in Houston. The case has been assigned Case ID 2024-85335 and will be presided over by Judge Wanda Chambers in Harris County's 152nd Judicial District Court.