Slipping on a banana peel may be a slapstick comedy bit that goes back farther than anyone can remember, but when it happens in real life, it's not so funny. A New Orleans woman learned that last December when she did just that in a Winn-Dixie store, and she is taking civil legal action.
According to the woman's lawsuit, while she was shopping, she encountered a young girl who was dancing in the aisle. As she moved to get around her, she "unknowingly stepped on a blackened banana peel that was lying on the floor" and fell.
According to the plaintiff, the store manager threw the banana peel away when notified of the accident. Further, the victim says that she was refused a copy of either the written or recorded statements that Winn-Dixie representatives took from her after the incident.
The woman, who had previously undergone two hip replacements and a knee replacement, says that as a result of the fall, she has suffered from "severe pains in her back, knees, groin, and left ankle." She is suing Winn-Dixie Montgomery LLC, Bionitrogen Louisiana Holdings LLC, a claims management company and insurance companies. The amount of damages she is seeking is not specified, but she is asking for compensation for her medical care as well as various damages including "physical pain and suffering." She is seeking a jury trial.
While some slip-and-fall accidents are unavoidable and no one's fault, Oklahoma property owners, particularly those with businesses open to the public, are expected to take reasonable precautions to guard against dangerous property conditions. Supermarkets, like Winn-Dixie, need to be particularly vigilant because of the propensity for spills and other mishaps that can cause people to slip and fall. Anyone who has sustained an injury that they believe could and should have been prevented by a property owner has every right to seek compensation to cover their medical treatment, lost wages, and both the physical and emotional distress that can result from any injury.
Source: The Louisiana Record, "Woman sidesteps dancing girl in Winn-Dixie, falls on blackened banana peel, files suit" Eliza Walker, Dec. 24, 2013