A 40-year-old man recently found more than he bargained for at the Ocala Lowe's store. He was bitten twice by a poisonous pit viper while shopping on August 17. The unidentified victim was attacked while in the garden department of the store. He was transported in conscious condition to a local hospital where he was expected to recover.
The snake was captured and taken to the hospital for identification. Pit vipers are a class of poisonous snakes that include rattlesnakes, cottonmouths (also called water moccasins) and copperheads. A representative of the local fire department noted that snakebite accidents, while not frequent, are not unusual in populated areas.
Stores Must Protect Their Guests from Hazards Like Poisonous Snakes and Spiders
In Florida, a business owner's duty to a visitor is dependent on the visitor's status, which must be proven by the visitor. Customers are usually classified as invitees. A business owner is required to maintain his or her premises in a reasonably safe condition and to give timely notice of latent and concealed perils to invitees. Concealed perils are those that would be known by the owner with the exercise of reasonable care but not by the customer. In this instance, the business owner's liability will depend on whether a reasonable inspection would have revealed the snake.
In April 2010, Wal-Mart was sued by a customer who was bitten by a snake in a Wal-Mart garden center in Jacksonville, Florida. The plaintiff is seeking damages for pain, suffering, mental anguish, lost wages and medical costs. Her husband is also seeking damages for loss of consortium. The plaintiff's claim is that Wal-Mart failed in its duty to prevent snakes from entering the garden center and that Wal-Mart was aware of the snakes' occasional presence but failed to warn its customers.
Customers who have been bitten by a snake in a store or suffered some other injury in a store should contact an experienced Florida premises liability lawyer for help with a claim.
