Philadelphia, PA asked in Personal Injury for Pennsylvania

Q: Metal piece on the sides of the columns in Walmart fell on my daughters face and cut/scratched her.

Back in July 2021, my family and myself were walking through Walmart around 5 p.m, the store wasn't too crowded as we were in the back. My spouse and step son were walking in front of myself and my daughter. As they passed one of the columns (they were a good distance away from it), one of the pieces to secure the corners of the column fell on my daughter. It scratched her nose on the outside, her nose bled & bruising on her eyebrow (I have photos). The store associate took all of our information and said someone would be in contact with us within 30 days. I still have not heard anything and I'm unsure of how to proceed. There were no screws in the holes where it should've been and the glue that used to be there was old and dried up. Nothing else was there to secure it. I have photos of that as well.

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1 Lawyer Answer
Joseph D'Annunzio
Joseph D'Annunzio
  • Lebanon, PA
  • Licensed in Pennsylvania

A: Because it is a business premises, the liability of the store is based upon the duty that it owes to the person who was injured. In this case, since the families were o the premises as customers, they are business invitees and are owed the highest degree of care. The piece that was used to secure the area that fell was missing screws and was not properly secured. This could not be known by the customer. Therefore, the store breached its duty of care.

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