A customer shopping in a New Orleans Winn Dixie grocery store, was injured on December 19, 2013, when she slipped on spilled rice that was scattered on the floor in the rice aisle. In her lawsuit against Defendant Winn Dixie Louisiana, Inc., Plaintiff Viola Joiner alleges that she suffered severe injuries to her shoulder, left knee, head, neck and back as a direct result from her slipping on the spilled rice and falling.
Plaintiff’s pleadings seek compensation for physical pain and suffering, mental anguish, medical expenses and loss of enjoyment of life. Plaintiff Joiner asserts that Defendant was negligent, failed to properly train employees in the stocking of shelves, failed to warn of an unreasonably dangerous condition, and failed to properly maintain and inspect the premises.
Under Texas law, an individual who slips and falls in a grocery store causing injury, in order to proceed with a personal injury claim for damages, must be able to prove the following three items regarding the condition of the area where the injury occurred:
1) The condition posed an unreasonable risk of harm, and
2) Defendant knew or reasonably should have known of the dangerous condition, and
3) Defendant failed to exercise ordinary care to protect Plaintiff from the danger, by both failing to adequately warn Plaintiff of the condition and failing to make that condition reasonably safe.
It is important for an individual who has sustained an injury from a slip and fall accident to seek legal representation. Securing evidence proving these three legal prerequisites requires an experienced law firm who will fight for your right to be compensated for your injuries and resulting damages.
The Reyes Law Firm, PC has over 28 years of trial experience in prosecuting slip and fall, premises liability claims in Texas courtrooms. When you have been injured as a result of another’s negligence, it is important that you understand your rights. The negligent party does not necessarily have to be an individual. Businesses can be liable to individuals who are injured on business premises, such as a department or grocery store. Businesses and merchants who invite the public onto their premises have a duty to maintain a safe environment for their customers.
Business owners are liable to people who are injured on their premises when there is evidence that the person was injured as a result of a premises defect or danger that the premises owner knew or should have known was an unreasonably dangerous condition for store customers.
If you have been injured while shopping at or visiting a store or merchant, and suffered injuries, it is prudent to consult with an attorney early so you can be advised of all the options available to you if you decide to pursue a personal injury claim against the negligent party. Plaintiff Viola Joiner was simply shopping at Winn Dixie when she slipped on spilled rice causing her to fall and sustain severe injuries. Plaintiff Joiner has suffered physical and economic damages as a result of the accident. Although our judicial system is unable to restore an injured Plaintiff’s good health; it can provide monetary compensation for the damages incurred. These damages include, but are not limited to, (1) pain and suffering, (2) mental anguish, (3) physical impairment, (4) lost wages, (5) medical bills, and (6) future medical expenses.
If you have been injured through the carelessness or negligence of a business, call or email our office.
Winn Dixie sued after woman allegedly slips on spilled rice, claims severe injuries, The Louisiana Record, October 10, 2014