2 years ago I slid and fell where people fill water jugs. There were
no floor signs, water was all over the floor and dirty rugs were crumpled.
This was in front of the checkout lanes and people saw me. One customer
tried to reach for me but missed. I filled out a report but didn't go to the hospital
right then because I thought I would be alright even though I was in pain.
I suffered for a month thinking it would go away and it didn't. I went to the ER and
they gave me an xray and pain pills, which made me sick. I couldn't stand, lay down,
sit or anything without being in severe pain. I had to use a wheelchair and/or
walking cane. I tried not to move at all. I finally went to the health department and
had tests, discovered the injuries. Walmart has/had video.
Yes, you can sue Walmart.You should obtain needed medical care and treatment immediately and follow your doctor's advice. Do not give any statement to Walmart or their insurance company nor grant them access to your medical records. Photograph your injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing.
Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.
Of course you can sue Walmart. They are not beyond the law!
However, because Walmart is very aggressive in defending this sort of cases, you would do yourself a favor by not doing this yourself--because you will lose. You should speak with an experienced personal injury attorney who has taken cases all the way to trial in recent passed (many personal injury attorneys present themselves as trial attorneys--but not many actually have taken cases to a verdict). Because Walmart will certainly take the case to a verdict make sure you get an attorney who is a real trial attorney and is ready, willing and able to go all the way with your case.
I hope this helps-
Disclaimer: I am a lawyer licensed in the State of Illinois only, and I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice. This is for informational purposes only.
I am licensed in Nevada, but this answer should apply in Florida as well.
highly recommend seeking the assistance of an experienced personal injury lawyer to represent you in this case. As you can see, WalMart is not interested in compensating you for your injuries; they just want you to go away. You should also know that the Statute of Limitations in Florida (assuming the fall took place there) on personal injuries, such as yours, is four years (Title 8, Ch. 95, Sec. 95.11 of the Florida Statutes).
There are two major issues in a personal injury case: who was at fault for your fall and what injuries were caused by the fall. If WalMart is at fault, then they have to pay for your injuries. It is my understanding that Florida is a pure comparative negligence state. What this means is WalMart will pay a proportionate amount of your damages even if they are only 1% at fault. WalMart's negligence in this case could stem from failing to warn of the wet floor (especially where it can be shown that they were aware that water got on the floor before your fall) or failing to protect you from falling on the wet floor (which may be the case, if they have rugs, but allow them to be crumpled up leaving the wet floor exposed). The fact that they have the rugs there indicates to me that they were aware of the problem before the fall - otherwise, why would the rugs be there? There are several other issues regarding liability that you should discuss with an attorney such as what, if anything, will WalMart allege you did wrong. They'll likely allege that you failed to look at the floor as you were walking and, therefore, the accident was, at least in part, your fault.
As to the damages, you are entitled to recover for the medical bills (and related expenses) caused by the fall, any lost income caused by the fall, and pain and suffering damages. For information on how insurance companies value pain and suffering, you can goto our website at http://capandkudler.com/useful-information/my-p....
Hope this helps.
/s Donald Kudler
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