Archive for the ‘Retail Store’ Category

Cleanup in Aisle 5 – Child Injured on Bicycle Inside Wal-Mart; Store Not Liable (MS)

July 23, 2015

Wilson ex rel. Purser v. Wal-Mart Stores, Inc. (Mississippi)

A step-father and his two minor boys visited a Wal-Mart store in Batesville, Mississippi looking to purchase a basketball.  While the step-father was paying for the basketball, the two boys started looking at bicycles.  Both boys got on bicycles that had been on the bicycle racks and began riding up and down the nearby aisles.  During the ride, one of the boys was riding fast and could not figure out how to stop.  He tried to brake using the pedals, but the bike only had handbrakes.  The boy ran into a wall and cut his leg on a shelf.  “The employee assigned to the department was outside at the time of the accident, and no signs were posted prohibiting the use of the bicycles or otherwise warning of any danger.”

The boys’ mother filed a lawsuit on behalf of her injured child, contending that Wal-Mart was negligent by failing to keep the premises reasonably safe and failing to warn of the danger posed by the bikes.  Wal-Mart filed a motion for summary judgment, arguing that the plaintiff could not show the existence of a dangerous condition.  The trial court granted the defendant’s motion, and the plaintiff filed a motion to reconsider.  Plaintiff’s motion was denied, and an appeal was filed.

On appeal, plaintiff argued that “whether an unlocked or readily available bicycle on the sales floor constituted a dangerous condition was a genuine issue of material fact that should have been submitted to a jury.”  However, the Court disagreed, affirming the trial court decision.

Black and Blue Light Special – Sporting Goods Store Not Liable for Injury Caused by Bicycle Riding Patron (LA)

May 15, 2015

Orr v. Academy Louisiana Co, LLC (Louisiana)

Plaintiff and her daughter entered an Academy Sports and Outdoor Store in Alexandria, Louisiana to shop for shoes.  While plaintiff was attempting to help her child try on a pair of shoes, she was struck by an adult male who was riding a young girl’s bicycle.  The bicycle rider initially offered assistance to the injured plaintiff, but when she refused, he fled the scene.  After plaintiff reported the incident to the store, they located the bicycle, but could no the man involved.

Plaintiff sued the store and its insurance company, and her husband joined the litigation with a loss of consortium claim.  The defendants denied liability, asserted the fault the unknown bicycle rider, and argued comparative fault on the part of plaintiff.  After a trial on the merits, the trial court found that the store was one hundred percent at fault for the plaintiff’s accident, awarding plaintiff its jurisdictional limit of $50,000 in damages.  Defendant appealed, alleging the trial court erred: (1) in finding that plaintiff had met her burden of proof; (2) in finding that the store was negligent when the incident could not have been reasonably anticipated; and (3) in failing to assign fault on the unknown customer/tortfeasor.

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