If you drive about 100 miles southwest of Raleigh, you will come to Wadesboro, the Anson County seat. The modest-sized town is home to a Walmart Superstore where a North Carolina woman slipped on blueberries and fell. The injuries she sustained in the fall on her back have caused her “unbearable pain,” she said in her premises liability lawsuit.
A federal judge in Charlotte will hear the case after attorneys for Walmart asked for the case to be moved from Anson County Superior Court to federal court.
The woman was walking with a friend through the store’s produce section on their way to the deli when she “suddenly and without warning slipped and fell backwards,” the lawsuit states. According to a news report, she and her personal injury attorney are asking for at least $75,000 in damages.
Store employees apparently helped lift the woman back to her feet. In her lawsuit, she says blueberries were “covering the floor” where she slipped and fell. The store manager then had workers clean the berries from the floor.
Soon after falling, the woman “began to experience unbearable pain and sought medical treatment,” it says in her suit.
The woman argues in her legal complaint that the company “should have reasonably known of the fruit and berries on the floor in its Wal-Mart Supercenter, thereby creating a hazardous condition to patrons.” Lawyers for the store chain have asked for a dismissal, arguing that the woman was negligent because she did not use reasonable care, did not observe the area where she was walking and “walk in a safe and reasonable manner,” among other things.
We all know that back injuries can be some of the most long-lasting, painful conditions to try to overcome. Hopefully, this woman has gotten or will get the medical attention needed to correct the problem.
If you have slipped and fallen in a Raleigh store, you have the right under state and federal law to pursue compensation for resulting damages with the help of a qualified attorney.