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Wal-Mart Stores, Inc. v. Rosa | 52 S.W.3d 842 (2001)
A customer slips and falls on spilled food. Is the store owner liable? The answer depends on how much the owner knew, or should have known, about the dangerous condition. As Wal-Mart Stores versus Rosa explains, one key inquiry is how long the dangerous condition existed.
Two Wal-Mart employees noticed that a customer standing in the checkout line was letting a baby eat a banana. One of the employees knew that the baby might drop the banana, creating a slippery mess. But neither of the employees checked to see if any banana had, in fact, been dropped. Petra Rosa was in the checkout line behind the baby. After Rosa paid for her groceries, she slipped and fell on a piece of banana that was lying on the floor.
Rosa sued Wal-Mart for negligence, arguing that Wal-Mart should have noticed the banana and cleaned it up. At trial, Rosa testified that the banana looked like it had been on the floor for a while. Rosa’s daughter-in-law testified that the banana was brown and that when her children dropped pieces of banana on the ground, it took between 45 minutes and an hour for them to turn brown.
A jury found that Wal-Mart had constructive notice of the banana and had negligently failed to clean it up. The trial court entered judgment for Rosa. A three-judge panel of the Texas Court of Appeals affirmed the trial court’s judgment. The court then granted Wal-Mart’s motion for reconsideration en banc.
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