The case: Amador v. Gun and Walmart Stores, East, involves a slip-and-fall injury and the duties and responsibilities that owners and operators have to people they invite onto their premises. The case regards what duties these owners have to invitees and what the consequences can be when those duties are not met, resulting in harm to the invitee.
Owner/Operator Duties and Responsibilities to an Invitee
A typical example of an owner and invitee relationship is between a store and a shopper. Generally, a business owner has no duty to uninvited people who enter their premises, otherwise known as trespassing. However, once that owner or operator invites people onto their premises for some purpose—usually a business purpose—the owner then has duties to those invitees they must fulfill. One of the most common and most litigated duties is the duty to protect invitees against harmful conditions on the premises. Like in Amador, an owner or operator of the premises must prevent or remove dangerous conditions—or in the case of a wet floor—to warn invitees about the condition of the premises. If an owner or operator does not follow these duties, they can be subject to liability.
Experienced Florida Personal Injury Attorneys
In Florida at face value, the term slip-and-fall seems relatively harmless. In some cases, a slip-and-fall does not amount to any serious harm. However, depending on the circumstances of the fall, you may suffer severe ongoing injuries. These could be short-lived or long-lasting, and they could have permanent effects on your everyday life. After being injured in a slip-and-fall accident, the next challenge is to find a way to receive the compensation you need to recover from your injuries. When these injuries happen, you must have an experienced attorney. The Watson Firm attorneys are ready to help you receive the compensation you deserve after a slip-and-fall injury. If you or someone you know has suffered a slip-and-fall injury, The Watson Firm may be able to help. For more information or to schedule a free case evaluation, call us today at (850) 607-2929 or contact us online.
Amador V. Gun and Walmart Stores, East Facts
On December 17, 2016, Jessica Amador was shopping at a Walmart store in Apopka, Florida. She was shopping with her mother when her mother needed to use the bathroom. Amador and her mother found a shopping cart blocking the door as they approached the restroom. The door was not locked, so she opened it to enter the bathroom. Amador's mother required assistance to use the restroom, so she followed her mother into one of the stalls to assist. While assisting her, Amador fell in one of the bathroom stalls, hitting the back of her head. As a result of the slip-and-fall, Amador suffered paresthesia, muscle spasms in her neck, lumbar and cervical strain, radiculopathy, cervical disc herniations, sprain of her cervical spine, and post-concussion syndrome. Because of her injuries, Amador could not do the things that she previously enjoyed doing, like riding her motorcycle with her father. On May 9, 2018, Amador sued Walmart for pain and suffering and past and future medical expenses resulting from her injuries. Amador brought a 2-count complaint against the store's manager and Walmart Stores E., LLP. She alleged that both the manager and the store owners owed her a duty to supervise the premises and operate a safe establishment for their invitees. The case went to trial, with the jury reaching a verdict on October 22, 2021.
As in most cases involving premises liability, Walmart argued that Amador should have been aware of the danger of a wet bathroom floor after being mopped. Walmart asserted that it had adequately barricaded the bathroom to prevent customers from entering and injuring themselves by placing a cart in front of the door. Walmart further argued that it had fulfilled its duty to Amador as an invitee by putting the cart in front of the bathroom door. Ultimately, the jury found that Walmart had breached its duty to Amador by failing to take adequate measures to prevent and warn against the harm posed by the wet bathroom floor. After deliberation, the jury awarded Amador $900,000 for pain and suffering and past and future medical expenses.
Slip-And-Fall Attorney in Florida
If you have been involved in a slip-and-fall accident, your primary concern is to recover from your injuries. Depending on the severity of your injury, it might take a substantial amount of time and money. In the case of Amador, she was facing off against a massive retailer like Walmart. Big corporations like Walmart have the resources necessary to fight against your claims and deny the compensation you need. When these incidents happen, you must have an experienced attorney to help you navigate the tactics, pitfalls, and proceedings involved in a slip-and fall-case. The experienced attorneys at The Watson Firm are familiar with these tactics and can help you navigate them to achieve the best result.
For more information on slip and fall claims or to schedule your initial case consultation, call us at (850) 607-2929 or contact us online.