A routine shopping trip turned into a painful ordeal for one woman, leading to a lawsuit against a major retail chain. Jane Callahan filed a complaint in the Circuit Court of the Sixth Judicial Circuit of Florida in Pinellas County on July 23, 2024, against Wal-Mart Stores East, LP.
According to the complaint, Callahan entered the Wal-Mart store located at 41232 US Highway 19 N in Tarpon Springs, Florida, on July 3, 2023. As a business invitee, she was there to purchase items sold by the defendant for profit. The lawsuit alleges that Wal-Mart negligently allowed a dangerous condition to persist on their premises—a fire extinguisher that was improperly attached to an interior support beam. This fire extinguisher fell and struck Callahan's foot, causing her injury.
The plaintiff contends that this hazardous condition existed long enough for Wal-Mart and its agents to be aware of it or should have been aware of it. Despite this knowledge, the complaint asserts that Wal-Mart failed to remove, repair, or warn about the dangerous condition. "At no time material hereto did the Defendant...warn or notify the Plaintiff...of the known dangerous condition," reads part of the filing.
Callahan claims that Wal-Mart had a duty to maintain its premises in a reasonably safe condition for all members of the public. The failure to do so resulted in her suffering bodily injury and subsequent pain and suffering. She lists several consequences of her injury including disability, disfigurement, mental anguish, loss of capacity for enjoyment of life, medical expenses, loss of earnings and earning capacity, and aggravation of a pre-existing injury. These losses are described as either permanent or continuing in nature.
In seeking justice from the court, Callahan is demanding damages exceeding $50,000 along with costs associated with bringing forth this lawsuit. She has also requested a trial by jury.
The case is being handled by attorneys from Winters & Yonker P.A., based out of Tampa, Florida.