Recently, a state appellate court issued a personal injury opinion discussing an issue that is applicable in many New Mexico premises liability lawsuits. In this case, the court was presented with an appeal that granted Wal-Mart summary judgment after a woman was injured when she slipped and fell on a puddle of water inside the store.
About five years ago, a woman went to a Wal-Mart store to pick up some gardening supplies. Along the way to the gardening section, the woman passed by a kiosk that rented carpet cleaning machines. The carpet cleaning company and Wal-Mart had entered into an agreement allowing the company to place their machines in a self-service kiosk in the Wal-Mart store. There was no stipulation that any Wal-Mart employee or carpet cleaning company employee was required to manage or supervise the area.