Florida Slip and Fall Case at Wal Mart – Expert Advice

July 31, 2009

The following is an expert answer given by Florida Premises Liability Lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Question: The other day my daughter and I went to Walmart. After a while of shopping, my daughter who is almost 2 had to go to the restroom. After using the restroom and coming out of the stalls and walking up to the sink, I slipped on what must have been water. I hit my head on the sink and fell on to my daughter. When I emerged from the bathroom a few seconds later my daughter was screaming and I was dizzy. The customer service lady asked if I was all right  and called the manager at my request. I filled out a report and left . Since then, I have been going to the hospital due to an on-going severe headache. I have been seen 2 times in the ER.  My question – is my case good enough to sue over? Them bastards should have cleaned that nasty water up!

Answer: Your email doesn’t indicate in what state you live.  I am an attorney in Florida specializing in personal injury claims such as Florida car accident claims, Florida slip and fall case claims, and Florida workers compensation claims.  If you are in Florida, please give me a call and I can discuss your claim with you in further detail.  However, laws vary from state to state, so I cannot advise you on the laws in your area. My first suggestion is to speak with an experienced slip and fall attorney in your area.  The attorney in your area can advise you on specific laws and time requirements that may apply to your claim, and help you with medical treatment, medical bills, and how best to proceed with a claim against Wal Mart.  If you were to walk into my office, I would want to know more information about your claim before I could tell you whether you have a case against "them bastards".  More details on how the fall occurred, witnesses, the amount of water on the floor and where it came from, and more specifics on the nature of your injury, would help to evaluate your claims.

An experienced slip and fall lawyer can also help evaluate the "liability" aspect of your claim.  At least in a Florida slip and fall case, stores such as Wal Mart are not responsible for injuries arising out of a slip and fall in their store unless the condition that caused the slip and fall, here a puddle of water, was one that Wal Mart knew existed on the floor, or should have known it existed on the floor, and did not take reasonable measures to clean it up or warn customers of its existence.  There are different ways to show this, and different facts to examine to try and satisfy this burden of proof.  Water on the floor occurs all the time at stores like Wal Mart.  However, you have to be able to show that the water existed on the floor for a long enough period of time that Wal Mart knew about it, or should have known about it.

For more information about a Florida slip and fall case, contact Florida premises liability lawyer, Joseph M. Maus at 1-866-556-5529, visit his website at jmmlawyers.com or email him today.


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