I was injured at Walmart and they have not called me as the mgr said they would. should I sue for damages/medical expenses?

Asked over 2 years ago - Ogden, UT

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?

Additional information

I went to the ER two hours after incident. Was diagnosed with chest wall contusions, rib contusions, possibly cracked ribs and a right rotator cuff injury. I have been to my personal doctor twice. Had a Ct scan which showed a large hematona on my sternum/chest wall. Painful even after two weeks. I was afraid I had hurt my sternum, multiple heart surgeries have made my sternum more vunerable. Does that fact hurt my chances of recovering medical expenses from Walmart. I am very disappointed in Walmart for not contacting me as the asst mgr said they would.

Attorney answers (8)

  1. Rixon Charles Rafter III

    Contributor Level 20

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    Best Answer
    chosen by asker

    Answered . 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.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed in the Commonwealth of Virginia, answering your query does... more
  2. Andrew Erickson Draxton

    Contributor Level 5

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    Answered . 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.

    All of the information provided above is legal information only, and not legal advice. For legal advice specific... more
  3. Steven A Schwartz

    Pro

    Contributor Level 13

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    Answered . 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
    Attorney/Partner

    JOEL H. SCHWARTZ, P.C.
    One Washington Mall, 16th floor
    Boston, MA 02108
    (617) 742-1170
    (800) 660-2270
    (617) 250-2072 fax
    sas@joelhschwartz.com
    www.joelhschwartz.com

    The information provided is based solely on the question and facts presented. The information presented should not... more
  4. Randy William Ferguson

    Contributor Level 19

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    Answered . You have a chance of winning. You should talk to an attorney and they can call Claims Management, the inhouse adjusters for Walmart. Do not talk to them without an attorney.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... more
  5. Andrew Erickson Draxton

    Contributor Level 5

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    Answered . For a better understanding of Utah law on premises liability, here is a Utah case. Incidentally, the case was a case against Wal-Mart.

    http://caselaw.findlaw.com/ut-court-of-appeals/...

    All of the information provided above is legal information only, and not legal advice. For legal advice specific... more
  6. Adam Charles Josephs

    Contributor Level 10

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    Answered . While i'm not licensed to practice in your state, the above answers appear accurate. Reach out to an attorney in your area and get full advice as to your rights and what you should do.

    Best of luck

    Tthe information provided by me in Avvo forums is NOT LEGAL ADVICE nor does our communication establish an... more
  7. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . Yes, the bunched up carpet was a dangerous condition and a personal injury lawyer can pursue a claim against Walmart. Search Avvo for a personal injury lawyer in your city and get representation.

    Philadelphia Personal Injury Lawyer. www.InjuryLawyerPhiladelphia.com
  8. Christian K. Lassen II

    Pro

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . Yes, the bunched up carpet was a dangerous condition and a personal injury lawyer can pursue a claim against Walmart. Search Avvo for a personal injury lawyer in your city and get representation.

    Philadelphia Personal Injury Lawyer. www.InjuryLawyerPhiladelphia.com

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