Slip and fall in Walmart, can I sue?

Asked about 3 years ago - Baltimore, MD

Yesterday I was walking around in Walmart and I walked towards the bathrooms in the front of the store and I slipped and fell. Their was water all over the floor and no warning signs. Employees also seen me fall and didn't say anything to me, I heard one of them on their walkie talkies saying about how a customer fell. I'm not seriously hurt, but enough. Can I sue them??

Attorney answers (3)

  1. Paul Y. Lee

    Contributor Level 18

    1

    Lawyer agrees

    Answered . You can sue, but a questions remains as to how much damages you sustained. You can contact personal injury lawyers in your area, and you likely will be able to locate an attorney to take your case if the injury is sufficiently serious. There may be questions as to how much time before your accident the water spill occurred (i.e., how much notice the store had), as well as possible comparative negligence issues if the water on the floor was obvious and a prudent person could have avoided stepping into the puddle. You should discuss these issues with a lawyer.

    This response is for information purpose only and does not constitute a legal advice. This response does not... more
  2. Mark Alan Steinberg

    Contributor Level 12

    1

    Lawyer agrees

    Answered . Yes
    I suggest you contact them and try to settle. If not don't get an atty; sue in small claims court, pro se.

  3. Andrew Daniel Myers

    Contributor Level 20

    Answered . My office never leaps to the 'can I sue' question without looking at liability, damages and whether there is opportunity to realistically explore settlement. Check it out: courts and juries are not always the source of certainty and what people might think is "right" in any given case.

    Where you are not seriously hurt, you may not have any case at all.

    As far as the store owner's liability, here's one issue with 'water on the floor' cases: on a rainy day if a customer of a store walks in and slips and falls on rain water close to the door, cases have held no liability. However, where an old leaky cooling unit drips water on the floor, managers are aware of the hazard and fail to take reasonable steps to reduce the danger there is a better case. This is one example of the type of liability theory required in such cases. Injuries are only compensated where negligence is established. In your case liability depends on how the water got on the floor and whether the store managers should have or could have taken reasonable steps to prevent danger to you and other customers.

    Fall downs accidents have other problems. Property owners argue that if they should have seen and done something about a hazard like your water on the floor that caused injury, then the person that was injured should have seen it and avoided it. So, the personal injury attorney must establish that the property owner or manager was in a better position to foresee that there was a peril and that with relatively low cost in relation to the potential danger, could have eliminated the hazard.

    Premises liability, slip and fall, trip and fall and other such cases have been some of my largest cases. However, such cases are never 'open and shut' as some potential clients tell me initially.

    My office represents injury victims in Massachusetts and New Hampshire. Property law procedure and statutes do vary from state to state.

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