Sam's Club Not Liable in Customer's Fall, Jury Finds
Video supported Sam's Club's defense argument that liquid was spilled shortly before a woman fell in the Coral Springs store.
September 17, 2018 at 10:02 AM
1 minute read
The original version of this story was published on National Law Journal
PREMISES LIABILITY
BROWARD CIRCUIT COURT
A Sam's Club store in Coral Springs was cleared of liability in a customer's fall.
In 2011, Stephanie Balme was near the store's food section when she slipped on some liquid. She claimed injuries that required a left knee replacement. Balme alleged the liquid was not cleared away in a timely manner. According to her counsel, a video showed employees performed little or no maintenance for about an hour prior to Balme's accident.
The store argued employees performed reasonable maintenance and noted the video appeared to show someone spilling a drink minutes before Balme slipped. The store thus claimed it lacked notice about the spilled liquid. The jury rendered a defense verdict.
Case: Balme v. Wal-Mart Stores
Case No.: CACE15013434
Plaintiffs attorneys: Keith Chasin, Keith Chasin P.A., Miami; and Charles S. Rowley Jr., Rowley Law, Stuart
Defense attorneys: Matthew McElligott and David M. Tarlow, Quintairos, Prieto, Wood & Boyer, Fort Lauderdale
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