While Walmart advertises Spend Less, Live Better, the company may want to just reduce it to “Spend Less.” Jay Richitelli, 42, is now the third Floridian to be bitten by a snake at a Walmart garden center in that state alone. The culprit was a pygmy rattler at the Pembroke Pines Wal-Mart.
The two other victims were bitten in 2006 at other stores.
Richitelli has to struggle to get the snake off his arm and then he stomped on the snake to kill it.
His medical bills are now over $100,000 and he has sued Walmart. His lawsuit insists that the store was negligent in inspection and the failure to warn.
While the snake was probably not under the “control and dominion” of the store for strict liability, there seems a particularly good negligence claim in this case.
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