Customer Sues Wal-Mart After Bench Collapse Results In Injuries

September 11, 2014 | J. Price McNamara
Customer Sues Wal-Mart After Bench Collapse Results In Injuries

Wal-Mart Louisiana LLC is being sued by Chad Cowart, a resident of New Orleans, LA, who suffered from a personal injury when a bench he was sitting on, on Wal-Mart property, collapsed. Cowart claims that Wal-Mart had failed to exercise proper precaution by maintaining the property to standards. Wal-Mart has also been accused of failing to warn the public about the issue. The plaintiff is seeking compensation for pain, suffering, and mental anguish, as well as for medical expenses and permanent disabilities. The case has been assigned to Division N Judge Ethel S. Julien. According to Cowart, the bench he was sitting on outside of Wal-Mart Supercenter Store No. 116 collapsed without warning while he was sitting on it. This collapse caused Cowart to fall and hit the pavement, resulting in severe personal injuries that have required ongoing medical treatment. Cowart has accused Wal-Mart for not only failing to maintain their property, but also for failing to inform their customers of a potential safety hazard. Should the plaintiff's claims be accurate, Wal-Mart can be found negligent for failing to eliminate dangerous conditions on their premises, as well as for failing to adhere to a reasonable level of precaution. Should this be the case, Cowart may be compensated for any medical expenses, loss of income, and any pain and suffering as a result of physical and emotional injury. When you set foot upon a store's property, you are considered an invitee: someone invited onto a property to conduct a business transaction. In this case, the premises liability owed to you is quite high. Your status on a property is very important when it comes to a liability case, as without an invitation, you are considered a trespasser, making the business unaccountable for your safety. An open sign constitutes an invitation and therefore the business is accountable for ensuring that it is safe to enter their premises. Some precautions businesses are required to take are basic upkeep and repair, warnings for potential hazards, and the floors should be clean of debris. A fall can result in serious injuries, such as brain and head injuries or shoulder injuries. If you have recently suffered from an accident on a business's premises, it is important that you seek medical attention. Should the other party be found to be negligent or to have failed to exercise reasonable precaution, you may be entitled to compensation for your medical expenses and the non-economic costs of traumatic injuries.

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J. Price McNamara


Losing my own brother, then my father and sister after long, disabling illnesses just a few months apart drove a career change for me. Before that experience, I never truly understood the place you’re in. I never understood the dramatic impact that receiving (or not receiving) the disability and life insurance benefits you paid for and counted on can have on your life especially when you need to focus on family and healing. What I experienced with my own family now drives the way I view my clients and my work, and I will never forget it!

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