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A tire fell on me and my wife

Springfield, OH |

hers what happen sunday 4:00pm we went shopping for tires for our suv as we walked through the tire lanes we came around the corner the tires were stacked 6 high not counting the one that fell on us the tire was standing vertical strieght up and down on top of 6 other tires thier was a rack ladder beside the tires so we had to go inbetween the ladder and tiers we did not tuch the tires i was the first through my wife said look out and just as i turned i seen it falling she tryed to block it from hitting her face it hit her rist and bounce and hit my shoulder and fell to the floor i turn back to see if she was ok and i twisted my knee we fiiled out an accedent report at wallmart when the accident happen we went to our doc the next day monday at 2:45 pm it has been documented by our doc

Attorney Answers 3


  1. Is there a question somewhere? These are fairly common cases (store displays that fall and cause a injury). You should contact a local personal injury attorney. However, from your facts I wouldn't have high monetary expectations. Also, playing devil's advocate, why exactly did you have to squeeze between the ladder and the tire display? There was no way around? Ohio is a modified comparative negligence state. This means, if you are determined to be 51% at fault for the accident you will be barred from recovery. If you negligence is determined to be 50% or less of the cause then any damages will be set off by that percentage (i.e. medical bills = $1,000, Walmart 70% responsible, you will only get $700).

    Good luck.

    Mr. Esposito is a Ohio-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Andrew Esposito does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.


  2. I believe you have a valid personal injury claim. In order to receive compensation for your injuries, you should consult with a personal injury attorney.

    At this point, it is important for you to document your injuries and the amount of money you are spending on treating those injuries. This will help ensure adequate recovery.

    A place of business has a duty to its customers to keep its premises in a reasonably safe condition, inspect for hazards and correct known hazards. An injury attorney can prove to Wal-Mart that they breached their duty of care (violated safety rules) and therefore you should be compensated for your injuries, pain, and suffering.

    Disclaimer: This does not constitute legal advice. No attorney-client relationship has been formed through this answer.


  3. You do have a case that you can bring. It is hard to tell how much your case is worth. Talk to an attorney before you give your recorded statement to Walmart. They tape record you to help their case, not you.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.

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