Skip to main content

Should I give a recorded statement to the insurance adjustor from Walmart regarding a recent slip and fall accident in the store

Jacksonville, FL |

I was walking in action alley headed to the register with groceries in my hand and started sliding and couldn't stop.I tried to stop from falling however fell and landed on my right knee.I thought there was oil or something that caused me to fall, however,it was a grape.I noticed there were numerous grapes on the floor as I lay there in pain.A lot of customers witnessed my fall and it took about 5min for mgmt to come.I went to an urgent care clinic afterwards and was diagnosed with a knee contusion,informed to wear an immobilized for a week, which,I missed work and am still off from. I was referred to Ortho and will be seeing him in a few days.After that fall, I know have sharp pains in my thigh bone and knee, and my hip hurts.I contacted a lawyer, they said no, ref me another one.

They referred me to another one. I have not met my health insurance deductible and want Wally World to pay for my past medical, future medical bills, pain and suffering regarding this injury. I'm not a sue happy person however am afraid that I will be stuck with the medical bills which my family of 7 can't afford. I've never sued anyone. The adjustor called and wanted to record my version of what happened, however, it was bad timing for me so I told him that I would call him back. I was in so much pain and was not thinking about getting witness statements and mgmt didn't ask for any. I filled out a report and the mgrs informed me to put their names down as witneses. Just scared that they won't pay. I did manage to locate one of the witnesses and got her info, apparently she slipped and nearly fell in the same area, on another grape. She informed the mgr as well.

Attorney Answers 10

Posted

Generally, that answer is no. If you can retain a lawyer, let all communication come through them.

The problem is a very business friendly slip and fall law-

(1) If a person slips and falls on a transitory foreign substance in a business establishment, the injured person must prove that the business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it. Constructive knowledge may be proven by circumstantial evidence showing that:
(a) The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition; or
(b) The condition occurred with regularity and was therefore foreseeable.
(2) This section does not affect any common-law duty of care owed by a person or entity in possession or control of a business premises.

Wal-Mart will not produce their videotapes to show how long the grape had been there and will likely deny liability. It's what they do. Many lawyers won't take the case, either, for that very reason.

If you have more information, give a local lawyer -like us- a call. We will see if we can help.

Please CLICK the button if I HELPED or was BEST ANSWER. No attorney-client relationship is established and responses here are general first impressions. You should consult with a lawyer about your problems. More about our firm is located at www.knowthelawyer.com.

Mark as helpful

1 found this helpful

10 lawyers agree

Posted

Tell the insurance adjuster that you'd like to speak with an attorney before giving any further statements.

Andrew M. Bonderud, Esq.
The Bonderud Law Firm, P.A.
Office: 904-438-8082
Free Consultations - 24/7

Andrew M. Bonderud, Esq. is an attorney with The Bonderud Law Firm, P.A. He offers free consultations 24/7. Andrew's posting here is not to be considered legal advice nor does an attorney-client relationship exist.

Mark as helpful

14 lawyers agree

1 comment

Joseph John Bernardo

Joseph John Bernardo

Posted

Absolutely right.

Posted

No

Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and educational purposes only. No attorney client relationship has been formed or should be inferred. Please speak with a local and qualified attorney. I truly wish you and those close to you all the best. Jeff www.nyelderinjurylaw.com

Mark as helpful

9 lawyers agree

Posted

Giving statements after an injury or accident without an attorney presents many issues. It may seem innocuous and straightforward to try to cooperate with the adjuster. But, here's why this presents many dangers to you and to your accident claim: BLUE LINK BELOW

Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

Mark as helpful

7 lawyers agree

Posted

Best bet is to not say anything, and retain a local personal injury lawyer immediately to investigate

Mark as helpful

6 lawyers agree

1 comment

Joseph John Bernardo

Joseph John Bernardo

Posted

To the point and correct!

Posted

Giving a statement to insurance company is a bad idea. Retain counsel. Although this not a criminal matter and you do not get "Miranda warnings." After 34 years of practice, I can tell you "anything you say can will be used against you." You need to find an attorney. You can use the AVVO search engine or contact your local bar association.

The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the State of California and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction. Law Offices of Richard M. Katz 1122 East Green Street Pasadena, Ca. 91106 (626) 275-4162 (626) 796-6333 (626) 796-5615 facsimile

Mark as helpful

6 lawyers agree

1 comment

Joseph John Bernardo

Joseph John Bernardo

Posted

Very true!

Posted

No. Retain an experienced personal injury attorney instead.

Mark as helpful

3 lawyers agree

Posted

Absolutely not.

You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the 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. The Guides can be accessed through my profile page on Avvo.com.

Legal Disclaimer:

If this information has been helpful, please indicate below.

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 ensure proper advice is received.

This ans. does not create an attorney/client relationship.

Mark as helpful

3 lawyers agree

Posted

Absolutely not..Years of experience handling these very cases here in Florida have taught me there is nothing to benefit you in giving them such a statement without consulting an experienced injury attorney that has handled fall cases in commercial settings.

Mark as helpful

1 lawyer agrees

Posted

Just say no. Call a personal injury attorney before giving any type of statement to the insurance adjuster. It is safe to say that the insurance adjuster is not your friend.

Mark as helpful

2 lawyers agree

1 comment

Francis M Smith

Francis M Smith

Posted

Truer words were never spoken, and this is especially so when it comes to Walmart. Anyone who has litigated against them to recover compensation for deserving clients know this. Get an attorney with litigation experience against Walmart asap!

Personal injury topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics