In an effort to avoid potential litigation, many businesses enact procedures to ensure customer safety. Notwithstanding the ubiquity of such safety procedures, employees do not always follow the rules, which unfortunately leads to injuries to patrons. When non-compliance with self-imposed safety protocols causes an injury, many people naturally question whether the failure to comply with these procedures amounts to negligence. However, as Florida’s Second District Court of Appeal recently discussed in Wal-Mart Stores, Inc. v. Wittke, a failure to comply with internal practices does not necessarily establish negligence.
Wittke revolves around a December 2009 slip-and-fall accident at a Wal-Mart in Bradenton, Florida. The plaintiff in this action was entering the Wal-Mart on a rainy day when she fell and sustained injuries. Surveillance footage showed that there were two large fans and a yellow warning cone in the area where the fall occurred. Although these measures were taken, the plaintiff asserted that Wal-Mart employees failed to follow certain corporate protocols related to wet floors and were otherwise negligent. The case ultimately proceeded to a trial, after which a jury returned a verdict in favor of Wal-Mart. The plaintiff moved for a new trial, and the trial court judge granted the motion. In this order granting a new trial, the judge noted that “the evidence . . . clearly demonstrated that [the plaintiff’s] injuries were the result of [Wal-Mart’s] failure to follow its own safety policies and procedures.” Wal-Mart appealed the order granting a new trial, and the Second District Court of Appeal agreed that a new trial was not warranted and reversed the trial court’s ruling.