TL;DR: Yes, stores like Walmart are responsible for keeping their floors reasonably dry and safe during rainy weather. They must take adequate precautions to prevent slips and falls, such as using floor mats and warning signs. However, they are not expected to ensure the floors are completely dry at all times, but they must address known hazards in a manner that a reasonable person would consider sufficient. If a customer slips and falls because these precautions were inadequate or improperly implemented, the store could be held liable for any resulting injuries.
When it rains, we all expect to encounter wet sidewalks and puddles outdoors. But what about when you step inside a store like Walmart? Should the floors be dry? What happens if you slip and fall because of a wet floor inside the store during a rainy day?
These questions revolve around the safety responsibilities of stores towards their customers.
A Real-Life Incident at Walmart
Leslie, a shopper, had an unfortunate experience, slipping and falling at Walmart in Conroe, Texas, on a rainy day in January 2021. As she entered the store, she walked past several floor mats and two orange caution cones that Walmart employees had positioned to soak up rainwater and alert customers. However, once she stepped off the last mat, she slipped on the wet tile floor and fell, sustaining injuries.
Leslie decided to hold Walmart accountable for her injuries, arguing that the store was negligent in allowing the floor to remain dangerously wet. Walmart, on the other hand, argued that they took reasonable steps to make the area safe by using mats and cones and that the rainwater was an open and obvious hazard that Leslie should have been aware of.
Understanding Store Responsibilities
Under Texas premises liability law, stores have a duty to protect customers from conditions that could pose unreasonable risks of harm. This includes making sure that the floors are reasonably safe for customers to walk on. However, stores are not expected to ensure absolute safety. For example, if rainwater naturally accumulates in areas like a parking lot or an outdoor walkway, the store might not be held liable if someone slips there because such conditions are considered open and obvious.
The Case’s Argument
In Leslie’s case, Walmart claimed that the rainwater inside the store was an open and obvious danger because it was raining outside, and everyone could see that. However, Leslie argued that she did not see the water on the floor before she fell. The court had to consider whether a reasonably careful person would expect to find water on the floor inside a store, just because it was raining outside.
Court’s Decision
The court decided that just because it was raining outside did not automatically mean that customers should expect the inside floors to be wet. The judge pointed out that a reasonably careful person would not expect water to naturally accumulate on the floor inside a store, even on a rainy day. Therefore, the presence of water where Leslie slipped was not considered an open and obvious danger.
The court also noted that while Walmart had placed mats and caution cones, this did not conclusively prove that they had done enough to keep the floors safe. The effectiveness of these precautions—whether they were adequately placed and whether they sufficiently covered the wet areas—was something that a jury would need to decide.
Conclusion
Stores like Walmart are responsible for taking reasonable steps to keep their floors dry and safe during rainy weather. While they are not expected to guarantee completely dry floors at all times, they must address hazards in a way that a reasonable person would find sufficient. If you ever slip and fall in a store, it’s not automatically your fault just because it’s raining outside. Store owners might still be liable if they haven’t taken adequate precautions to ensure safety.
If you or someone you know has experienced a similar situation, it’s important to understand your rights. Walmart injury attorneys, like those at Joe I. Zaid & Associates, with extensive experience in handling such cases, can provide the necessary guidance and support.
For further information or to discuss a specific case, feel free to contact Joe I. Zaid & Associates through any of our offices in Pasadena, Humble, or Clear Lake. Remember, your safety is important, and store owners have a duty to uphold it.
Disclaimer: This blog post describes a third-party case and is shared for informational purposes only. The outcomes and details of the case do not involve or reflect the work or results of our firm. For personalized legal advice or assistance, please consult with a qualified attorney.
