Wal-Mart Sued in Negligence Over Snake Attack

Earlier today, it was reported that when shopping in a Florida Wal-Mart's gardening section, a customer was suddenly attacked by a rattlesnake, biting his hand. Although the customer was able to shake off the snake, and ultimately killed it, he was hospitalized due to his personal injuries, and later had to return to the hospital so they could drain fluid that had built up in his lungs.

This was not the first snake attack incident that occurred at that particular Wal-Mart; there were two prior incidents that occurred in 2006. According to the customer, despite these two incidents, the store had no warning signs, and apparently did not undertake any other safety precautions. Consequently, the customer has claimed in his lawsuit that Wal-Mart should be held liable in negligence.

Interestingly, although it certainly sounds like the plaintiff in that case has enough proof to support a negligence claim, a quick search failed to find any snake bite or attack lawsuits in New York. Strange as it may sound, there are apparently some cases that New York's trial lawyers have failed to sue for - so far (though they have sued over rat and other animal bites).