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PENNSYLVANIA RECORD

Friday, April 26, 2024

Customer and Wal-Mart trade blame in trip-and-fall case; Company says fire pit was an obvious danger

Lawsuits
Walmart2008

PITTSBURGH — A Pennsylvania woman is suing Walmart Inc., doing business as Wal-Mart Supercenter, and Wal-Mart Stores East LP for injuries she allegedly received when she fell over a fire pit in the garden center of a West Mifflin store.

Doreen Cameron said she was with a friend in the garden center and was shopping for a two-person swing on April 21, 2016, according to a complaint filed April 20 in the Court of Common Pleas of Allegheny County.

Cameron claims she tripped over the leg of an assembled fire pit that was set up as a display in the aisle, causing injuries to her right arm, right shoulder, neck, left knee and head.


Defendant's Attorney Jeffrey Criswell | Thomas, Thomas & Hafer

Cameron said her friend and another customer helped her onto a nearby bench, and two store employees alerted the assistant manager, who brought ice, bandages and Neosporin to help her.

Cameron said her friend took her to the emergency room on the advice of the assistant manager.

The plaintiff claims she could not see the fire pit because there were boxes surrounding. She said only one low-lying leg of the that was sticking out approximately 6 inches to 9 inches was visible.

As a result, Cameron alleges that the defendants were negligent because they obstructed the view of the fire pit.

In a May 31 answer to the complaint, Walmart denied the allegations and argued that Cameron's claim was not valid.

Walmart said it believes that Cameron's injuries were caused by her own negligence and carelessness because she failed to "see what was there to be seen" and because she was not looking out for her own safety.

Walmart also claimed Cameron failed to avoid the obvious danger presented by the fire pit.

Cameron is seeking compensatory damages in the amount greater than $35,000.

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