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Wal-Mart Stores Inc. v. Gonzalez

Supreme Court of Texas

968 S.W.2d 934 (1998)

Relevant factsFree

Gonzalez (plaintiff) slipped on macaroni salad on a Wal-Mart floor and sued for negligence, arguing the salad's contaminated, degraded appearance showed it had been on the floor long enough for the store to have discovered and cleaned it up.

IssueFree

Whether, to prove by circumstantial evidence that a defendant had constructive notice of a dangerous condition, a plaintiff must show it is more likely than not that the condition existed long enough to give the shop owner a reasonable opportunity to discover it.

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