A
rattlesnake bit Mica Craig while he was shopping at a Walmart outdoor
garden center in Clarkston, Washington. Mr. Craig's subsequent lawsuit
against Walmart was dismissed on summary judgment, and he appealed. The
Court of Appeals ruled in favor of Mr. Craig in a recent unpublished
opinion. The Court held that Walmart created a risk of rattlesnake
bites and that Walmart owed Mr. Craig a duty of reasonable care to
prevent his injury.
The
Court's decision is based on a pithy observation: "Rattlesnakes
wander." The Court decided that "Walmart's choice to locate an outdoor
garden center in its parking lot and adjacent to undeveloped land where
rattlesnakes are known to live created a reasonably foreseeable hazard
.... that its customers would interact with wandering rattlesnakes
hiding among the dirt, plants, and other items for sale .... [and] be
bitten by a rattlesnake." As the Court observed in the concluding
paragraph of its opinion: "Most businesses have walls and doors that
generally prevent wild animals, including rattlesnakes, from entering."
Community
associations must take steps to ensure the safety of their common
areas. If they fail to do so, then civil liability can result.
