Slip and Fall – Walmart Pays for Popeye Deformity Injury

A Walmart customer in Florida was awarded nearly $1.3 million by a jury for injuries sustained when he slipped on a Gatorade sign that had fallen on the floor.  The injuries were severe and included an abnormally bulging arm – known as Popeye Deformity.

Surveillance footage recorded the Gatorade sign falling and … [the customer] slipping on it minutes later.  Walmart argued that its employees didn’t have time to pick up the fallen display.  But, the plaintiff argued – apparently successfully – that if the display had been put together in accordance with Gatorade’s instructions the sign could not have fallen.

So, this is a case of liability turning on the retailer’s creation of the hazard, regardless of its knowledge that the sign had fallen.
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