My attorney withdrew from my slip & fall case from Wal-mart.

Asked about 2 years ago - Rogers, AR

I was told Arkansas has a 15 minute rule that I would have to prove the clear shampoo was on the floor for more than 15 minutes.

Attorney answers (6)

  1. David Stockley Mitchell

    Pro

    Contributor Level 8

    4

    Lawyers agree

    Answered . There is no such rule. Defendant has a duty to maintain the premisis in a reasonably safe condition.

  2. Justin Minton

    Contributor Level 10

    3

    Lawyers agree

    Answered . I've not heard of a 15 minute rule. Maybe there's other issues.....

    This communication is not intended to, and does not, create an attorney-client relationship.
  3. Timothy Osbern Isaac

    Contributor Level 9

    3

    Lawyers agree

    Answered . As the other attorney's have said, there is no "15 minute rule," but we would have to be able to convince a jury that Walmart either 1. caused the spill, or if they didn't cause it, 2. that they either knew about the spill for long enough to have cleaned it up, but didn't; 3. Reasonably should have known about it and didn't clean it up, or 4. knew about it but did not provide an adequate warning of the hazardous condition. Proving any of these can be a challenge, but isn't impossible. If you'd like to explore this with me: to.isaac@gmail.com. I'm sorry this happened ... good luck to you.

  4. John Gus Zgourides

    Contributor Level 17

    2

    Lawyers agree

    Answered . Get a complete copy of your file and hire another lawyer.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  5. Daniel Nelson Deasy

    Contributor Level 20

    2

    Lawyers agree

    Answered . Find another attorney. I presume this 15 minute rule is the amount of time a spill can be on a floor before a place like Wal-Mart becomes liable for injuries related to the spill.

    I have never heard of such a thing.

    Good luck!

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  6. Howard Robert Roitman

    Contributor Level 17

    1

    Lawyer agrees

    Answered . If the business owner knows or should have known of a dangerous condition on the premises that he or she knew was possible or "foreseeable" or could present a danger to patrons, then he or she is said to have a duty to exercise ordinary care in either:

    1. removing the hazard; or
    2 at the very least, warning of the hazard

    The patron has an absolute right to assume that the business premises are reasonably safe unless there are obvious conditions or indications to the contrary of that assumption.

    The materials available at this web site are for informational purposes only and not for the purpose of providing... more

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