by: KATIE MARASCO, ESQ.
Ok, really bad pun I know. Another caveat, a Nutria isn’t technically a rat, but a large rodent more closely resembling a beaver and it was the cause of the injuries to a Louisiana woman who is now suing Walmart. According to the woman the large “rat-like” animal darted at her from behind some shelves at Walmart causing her alarm. Her reaction was to jerk her very full cart towards her. The cart ran over her foot and broke bones and damaged nerves. She is now suing Walmart.
Her claim? Negligence. She says Walmart didn’t warn her of Norman (yes the Rat, er, Nutria has a name) and didn’t make sufficient efforts to remove him from the premises. Whether or not I think this is a frivolous claim is hardly the issue, but I thought I quickly run over the duties of a retailer like Walmart to its patrons.
Walmart has a duty, if it is reasonable that they know of a danger (possibly rampant rodents?), to inspect the premises and make them safe for their guests. Whether or not Walmart had a duty to this woman, and whether they breached that duty is up to the court now. But if you think you may have a torts case of your own visit LawInfo to find an attorney in your area.
