Slip-and-Fall Suit Against Walmart Proceeds After Court Finds Disputes on Notice and Hazard

GREENEVILLE, Tenn. (LN) — In Krieger v. Wal-Mart Stores East, LP, U.S. Magistrate Judge Cynthia Richardson Wyrick denied Walmart’s motion for summary judgment on May 14, finding that testimony from the plaintiff, her husband, and Walmart employees created jury questions on liability and comparative fault.

Barbara Krieger alleged she slipped on a wet vestibule floor at a Walmart in Newport, Tennessee, on Dec. 1, 2023. Surveillance video shows Krieger walking through one of two entry doors, crossing floor mats, and then stepping into the center of the vestibule near an exit door where no mats were placed.

Krieger’s husband testified that he heard a sliding sound and saw his wife slide five to six feet before falling face-first. He described the floor as having a “sheen” and “little pockets of water,” though he did not see a trail of water leading to the fall.

Walmart argued that Krieger could not prove a dangerous condition existed because surveillance video showed the floor was dry before her fall and no employees witnessed water on the ground. The retailer also pointed to Krieger’s wet rain boots as the likely cause of the slip.

The court rejected Walmart’s characterization of the evidence, noting that Krieger testified she “flew” and “kept going” after slipping, which she distinguished from tripping. The judge also found Walmart mischaracterized Krieger’s husband’s testimony, which the court said clearly described wetness on the floor.

Walmart employee Kassi Belcher testified that the vestibule “does get really slick in there without rugs” and that even a couple of drops of water could cause a fall. Belcher admitted that mats were not placed door where Krieger fell, despite testimony that customers frequently entered through that door.

The court also found a genuine dispute over Walmart’s notice of the hazard. Two similar slip-and-fall incidents were reported vestibule in December 2022, within a year of Krieger’s fall.

Walmart argued that Krieger was at least 50% at fault for stepping off the mats and for allegedly telling an employee she slipped on her rain boots. The court found this disputed, as Krieger denied making that statement to the employee.

The case will now proceed to trial on the question of whether Walmart was negligent and, if so, how fault should be allocated between the parties.