Summary
The United States District Court for the Western District of Louisiana granted Wal-Mart’s motion for summary judgment in a Louisiana merchant-liability slip-and-fall action. The court held that the plaintiff presented no evidence that Wal-Mart created the liquid hazard or had actual or constructive notice of it before the accident, including no evidence establishing the required temporal element for constructive notice. The claims against Wal-Mart were dismissed with prejudice.
Court
United States District Court for the Western District of Louisiana, Shreveport Division
Jurisdiction
United States District Court for the Western District of Louisiana
Decision date
February 4, 2026
Docket number
Civil Action No. 24-0537
Disposition
dismissed
Questions Presented
- Whether Plaintiff presented evidence that Wal-Mart created the hazardous condition under the Louisiana Merchant Liability Act.
- Whether Plaintiff presented evidence that Wal-Mart had actual notice of the clear liquid before the fall.
- Whether Plaintiff presented evidence that the liquid existed for a sufficient period before the fall to establish constructive notice under Louisiana Revised Statutes section 9:2800.6.
- Whether Wal-Mart was entitled to summary judgment because Plaintiff failed to establish the notice element of her merchant-liability negligence claim.
Holdings
- Plaintiff failed to create a genuine issue of material fact that Wal-Mart created the liquid spill because she offered only unsupported allegations concerning a malfunctioning cooler and no evidence connecting Wal-Mart's floor maintenance to the spill.
- Plaintiff failed to establish that Wal-Mart had actual notice of the clear liquid before Skinner's fall.
- Plaintiff failed to establish constructive notice because she presented no affirmative evidence that the liquid existed for a period of time before the fall sufficient for Wal-Mart to discover it through reasonable care.
- Wal-Mart was entitled to summary judgment because Plaintiff failed to present evidence establishing the notice element required by Louisiana's Merchant Liability Act.
Court Document
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