Summary
**Key Legal Topics:** Louisiana Merchant Liability Statute (La. Rev. Stat. § 9:2800.6); constructive notice; slip-and-fall; summary judgment; video evidence contradicting plaintiff's testimony (Scott v. Harris). **Holding:** The Fifth Circuit affirmed summary judgment for Wal-Mart, holding that the plaintiff failed to present positive evidence of how long water was on the floor before her fall, as required to prove constructive notice under Louisiana law. The court also noted that surveillance footage contradicted the plaintiff's claim that no other customers were on the aisle, and that mere speculation about the spill's origin was insufficient to create a genuine factual dispute.
Topics
Practice areas
Questions Presented
- Whether the district court erred in granting summary judgment on McDowell's negligence claim under the Louisiana Merchant Liability Statute, specifically whether she presented sufficient evidence of constructive notice.
Holdings
- McDowell failed to present positive evidence of how long the water existed on the floor, as required under Louisiana law, and thus no genuine dispute of material fact exists.
Key quotations
“McDowell points to no positive evidence of how long the water on which she fell was there before her accident. See Bagley, 492 F.3d at 331.” (at 5)
“Constructive notice means the claimant has proven that the condition existed for such a period of time that it would have been discovered if the merchant had exercised reasonable care.” (at 4)
“Because it is the claimant's burden to prove the existence of the condition for some period of time, the absence of evidence cannot support the claimant's cause of action. Rather, the absence of evidence is fatal to the claimant's cause of action.” (at 7)
Factual background
McDowell slipped and fell on water in a Wal-Mart grocery aisle. She does not know the source of the water or how long it was there. Surveillance footage shows other customers entered the aisle shortly before her fall. Wal-Mart employees walked past the aisle but did not enter in the hour before the fall. The last employee looked down the aisle about thirty seconds before the fall.
Procedural history
McDowell sued Wal-Mart in Louisiana state court; Wal-Mart removed to federal court on diversity grounds; the district court granted summary judgment; McDowell appealed.