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Wal-Mart Slip and Fall at the Registers

October 12, 2010

Question:
Hi there … I live in Virginia and yesterday I went to walmart and i got a few items and walked to the front of the store where the registers were and ended up slipping and falling on my knee cap and wrist. I filled an incident report out when I slipped I hit a patch of slickness like they had polished the floor..there were no signs and I never went back to the spot I slipped to investigate it. I went home and it got worse…so i ended up going to the ER and found out I had a fractured wrist and bruised knee…. i was referred to an orthopedic doctor …do i have any kind of case against walmart? my boots are ruined  the leather scuffed off in the fall i lost my house keys and my knee is killing me and i have a typing job…please help thank you

Answer:
Gabrielle, I am a Florida accident lawyer specializing in car accident claims, slip and fall accidents, and workers compensation claims. Laws vary from state to state, so you should always check with an experienced accident attorney in your area to get more information.

My first suggestion is to follow up with the orthopedic.  Most doctors will tell you that the sooner you seek medical care, the better your odds are for recovering from the injury.

In Florida, a store owner such as Wal Mart owes two duties to its shoppers: maintain the store in a reasonably safe condition, and ward its shoppers of dangerous conditions that the shopper is unaware of.  If the slickness was a dangerous condition, and it could not be observed, then Wal Mart should be responsible for your injuries and damages.

Wal Mart is a multi billion dollar corporation with a very sophisticated claims department.  They handle thousands of claims every year arising out of slip and falls at their store.  Their job, in part, is to minimize any potential exposure to Wal Mart due to injuries which occur at their stores. This means that if they are given any information about your claim that can be used against you, they will definitely use it.

You should speak with an attorney specializing in slip and fall injury accidents in your area to see whether you should pursue a claim.  An experienced slip and fall lawyer is going to know the laws in your area and how best to proceed.  For instance, one of the first things you want to do is to have Wal Mart preserve evidence relating to the accident such as in-store videotaped surveillance.  Most slip and fall lawyers handle cases on a contingent basis which means if the lawyer does not recover any money for your claim, there is no charge for costs or attorney’s fees, so there is nothing to lose by at least speaking to an accident injury lawyer.

Most attorneys that do this accident injury cases have handled cases against Wal Mart before.  Experienced accident injury lawyers know that Wal Mart claims are handled out of Bentonville, AK by inhouse adjusters.  Wal Mart has a very lengthy employee handbook for how their employees are to handle incidents such as yours.

It is best to explore making a claim soon after the accident occurred.  If it occurred near the checkout counter, there may be store videotape that you would want to preserve.  Walmart tapes over their store videotape on a regular basis so you need to request the videotape be preserved.  You should also be looking for statements from any witnesses that may have seen you fall.  Their names may be listed on the incident report.

 

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