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Wal-Mart pummeled with lawsuits after bird-seed accident

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Margaret Benjamin was shopping at a Wal-Mart store in the pet department. Unknown to her, there was loose bird seed on the floor. Mrs. Benjamin slipped and fell on the bird seed, allegedly suffering severe injuries to her chest, left knee and left side. She brought this lawsuit for negligence by Wal-Mart, the department manager, and an employee who was checking inventory nearby. Her husband filed a separate lawsuit alleging loss of consortium. Purchase Bob Bruss reports online. The department manager and employee sought to be dismissed as defendants from the lawsuit. But Benjamin argued they ran the department so they had a duty to prevent injury to her from slipping on the bird seed. If you were the judge would you rule the store employees had a duty to prevent a slip-and-fall injury to Mrs. Benjamin? The judge said no! "In order to establish a claim for negligence, plaintiffs must present evidence of a legal duty owed by the defendants to Mrs. Benjamin, a breach of that duty by a n...