The U.S. Court of Appeals for the Fourth Circuit has ruled that a slip-and-fall lawsuit against Walmart must proceed to trial, reversing a previous summary judgment in favor of the retail giant. The appellate court determined that Walmart may still be held liable for injuries sustained by a customer who slipped on black ice in a store parking lot following a winter storm.
The lawsuit, Lois Ann Brown v. Wal-Mart Stores East LP, stems from a January 2021 incident in which plaintiff Lois Ann Brown allegedly slipped and fell on untreated ice while exiting her vehicle at a Walmart parking lot in Lynchburg, Virginia. Brown is seeking $300,000 in damages, claiming the retailer failed to take reasonable precautions following an overnight snowstorm.
Walmart argued it had no obligation to address the specific patch of ice where Brown fell, asserting a lack of notice of the hazard. However, the Fourth Circuit panel rejected that defense, emphasizing that in winter storm conditions, businesses are on notice that their entire outdoor premises may be hazardous.
Writing for the court, U.S. Circuit Judge Julius N. Richardson stated:
