NEW ORLEANS – A customer has filed suit against a local discount retailer after he slipped and fell on an unknown substance while shopping.

Warren Harvey filed suit against Family Dollar Stories of Louisiana Inc. in the Orleans Parish Civil District Court on Nov. 4. 

The suit states that on Jan. 15, the plaintiff claims he was shopping at the Family Dollar on N. Claiborne Avenue in New Orleans and as he was walking down the aisle where the frozen food coolers are located, he slipped and fell, allegedly due to the presence of ice and/or water on the floor.

Harvey alleges there no mats or warning signs to alert customers of this hazardous condition and that the coolers were defective and leaking an unknown substance onto the floor, thereby creating a slippery and unreasonably dangerous condition

The defendant is accused of failing to maintain their premises in a safe condition, failing to warn, failing to perform routine inspections of the premises, failing to remove such hazards, creating and then failing to remedy an unreasonably dangerous condition on its premise and being otherwise negligent.

The plaintiff seeks an unspecified amount in damages for medical expenses, mental anguish, depression, fear, anxiety, permanent disability and impairment, loss of enjoyment of life, loss of earnings and earning capacity and other damages.

The plaintiff is represented by Dudly Debosier Injury Lawyers PLC of New Orleans.

The case has been assigned to Division D Judge Lloyd J. Medley.

Case no. 2013-10407.

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