As I was exiting Walmart my foot caught on a bunched up carpet in the foyer area. I hit the cement really hard on my chest. A report,with witness was taken. The manager said Walmart was at fault and they would be contacting me the next day or two. Never heard from them. I have had 3 open heart surgeries and am on blood thinners. As a result of the fall I have chest wall contusions, rib contusions, a painful hematona on my sternum and an injured rotator cuff. Two weeks later & still can't sleep in bed from the pain, I moan all night every time I move keeping my husband awake, it hurts to take a breath or move. Not to mention the medical bills from ER and from my primary care doctor. Am I going to have to sue Walmart for my medical expenses? Pain and suffering? Do I have a chance?
On the facts you provided, it appears you have a strong personal injury case agains WM, but there are facts missing that could strengthen or weaken your position. You'll need to sit down with a personal injury attorney to discuss ALL the details. After that discussion, the attorney will be able to advise you what the options are, what the risks are, and what your best way-ahead would be.
You can call your county bar association and request a PI attorney, or you can use the avvo.com find a lawyer option to find one.
Best of Luck.
I am licensed to practice law in Utah and have years of experience litigating negligence cases, including slip and falls.
Utah law on slip and falls is well-established. In order to recover in a case for a slip and fall injury in Utah, a plaintiff must prove that the business had: (1) notice of the unsafe condition; and (2) an opportunity to fix the unsafe condition. This standard can vary slightly, depending on whether the unsafe condition was a temporary unsafe condition or a permanent unsafe condition.
To make the standard as clear as possible, the Utah State Courts have set out the standard in a Model Utah Jury Instruction, as follows:
CV1102 Duty to invitee.
[Name of plaintiff] claims that [name of defendant] failed to use reasonable care to [conduct [describe activity]] [discover [describe condition]] on [name of defendant]’s property and to repair, replace, or adequately warn about it. To succeed in this claim, [name of plaintiff] must prove that [name of defendant]:
[(1) held [his] property open to the public or that [name of defendant] held [his] property open for a purpose directly or indirectly connected to [his] business; and]
(2) knew or should have known of [describe activity or condition]; and
(3) knew or should have known that [describe activity or condition] presented an unreasonable risk of harm; and
(4) knew or should have known that [name of plaintiff] would not discover [describe activity or condition] or that [name of plaintiff] would fail to protect [himself].
In deciding whether [name of defendant] used reasonable care to discover or correct the [describe activity or condition], you may consider, among other factors, the following:
[(a) the location of the property; or]
[(b) the likelihood that someone would come onto the property in the same manner as [name of plaintiff] did; or]
[(c) the likelihood of harm; or]
[(d) the probable seriousness of the harm.]
Available at http://www.utcourts.gov/resources/muji/ (Civil Instructions, Premises Liability, Duty to Invitee).
I have personally been involved in many slip and fall litigation cases in Utah. Slip and falls are some of the most difficult of negligence cases, and often require litigation to resolve them. Should you have questions as to whether you have a slip and fall case, I would be happy to respond to any questions you have on the particular facts of your case in a confidential setting.
In order to properly assess your situation, an attorney would have to ask you many more questions. Your best bet is to contact an experienced personal injury attorney in your area for a free consultation. Don't delay. Call now.
Steven A. Schwartz
JOEL H. SCHWARTZ, P.C.
One Washington Mall, 16th floor
Boston, MA 02108
(617) 250-2072 fax
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