CHARLESTON — A woman is suing Walmart claiming she was injured on its property when she tripped over a loose floor tile.
Refuse Materials Inc. was also named as a defendant in the suit.
Kathy Beal was at Walmart in Cross Lanes on Oct. 1, 2020, while Refuse Materials was engaged in removing floor tiles during business hours and left a loose, uneven tile, which made the area unsafe and dangerous, according to a complaint filed in Kanawha Circuit Court.
Beal claims there were no warning signs alerting patrons to the loose and uneven floor files and there were no measures undertaken to detour patrons around the area that was being worked on.
"Due...to the presence of workers and other patrons, and the myriad of merchandise stacked from floor to ceiling to attract the interest of the patrons, the loose, uneven, unsafe and dangerous area of flooring did not stand out in any way and was not obvious to a reasonable person who was in the store for the purpose of perusing the merchandise," the complaint states.
Beal claims she was looking at an end display of merchandise and was unaware of the loose, uneven flooring and tripped over it and fell forward, causing significant bruising and injury that necessitated knee surgery.
Walmart was negligent because it had a duty to warn patrons of the unsafe or dangerous conditions created by the contractor and failed to do so, according to the suit.
Beal claims Walmart failed to properly inspect the area and failed to put up signs. She claims Walmart failed to exercise reasonable care for the safety of the plaintiff.
Beal is seeking compensatory and punitive damages with pre- and post-judgment interest. She is represented by Kimberly K. Dotson of The Masters Law Firm in Charleston.
The case is assigned to Circuit Judge Jennifer Bailey.
Kanawha Circuit Court case number: 22-C-821