• 10
  • November
    2011

A premises liability case is a type of personal injury action that is based on the idea that property owners have a duty to keep their property safe, so that visitors are not injured while on the premises. The duty extends to keeping people safe from obvious dangers that the property owner knew about or should have known about. Premises liability case frequently, but not always, involve commercial enterprises like stores, because those property owners actively invite people to come onto their premises. Commercial enterprises need to be especially aware of the safety of their guests.

In just the last year, Walmart was sued over a premises liability claim that arose because a truck driver making a delivery to a Walmart store slipped and fell on a patch of grease and ice.

The plaintiff's claim included damages for three spine surgeries needed after the fall, and for the loss of her truck when she was unable to return to work.

Baton Rouge premises liability attorneys who followed news reports of the case noted that at trial, Walmart argued that there was no grease spill outside the store. The jury disagreed, and awarded the plaintiff truck driver $15 million in damages.

Walmart appealed the ruling and won an order for a new trial. However, the state supreme court recently overruled that order for a new trial. At the same time, though, the supreme court reduced the damages from $15 million to $10 million because of a damage award cap.

Source: CBS News "Wal-Mart to pay trucker $10M for greasy ice fall" Nov. 7, 2011