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What needs to happen now?

O Fallon, IL |

I was leaving Wal-Mart, and I slipped and fell in a puddle of brown liquid in front of the ice maker. This is not an area that I'm sure Wal-Mart cares for. What needs to happen now? Should i worry about filing a law suit?

I am already hurting a bit from the fall. What concerns me the most is that what hurts the most is the ankle i had surgery on back in november 2012

Attorney Answers 7


  1. I am not sure what you are asking. If you fell on Walmart property, you should have immediately gone to the customer service counter and made a report. Then you should have immediately sought medical care if you were injured. If you were not injured, there is no possible recovery, anyway.

    If you were injured, you should seek the advice of a local personal injury attorney. It is very unlikely that you need to file a lawsuit as the matter could probably be resolved by claim. It is imperative that you not wait to get medical care or to consult an attorney. Any delay in seeking medical care is a huge red flag will cause the claim to be summarily denied.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. 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. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com


  2. You should see a doctor if you were injured. I recommend you contact a lawyer specializing in personal injury cases. It is impossible to tell if you have a case without lots more information.


  3. Slip and fall (premises liability) cases are among the toughest to prove. One must show the store either knew or reasonably should have known about the defective condition, substance etc. AND that the person who fell was not aware of it (otherwise, it's an "open and obvious" danger).

    Wal-Mart in particular defends these cases rather aggressively. If you have any hope of receiving compensation, get a lawyer immediately.

    Ideally, you should always make out a written report, photograph where you fell, and get medical treatment immediately. Whatever you do, make sure you consult with a lawyer as soon as you can and get treated if you are in pain.

    Stephen L. Hoffman
    Law Office of Stephen L. Hoffman LLC
    Chicago, IL
    773-944-9737
    Email: stephen@hofflawyer.com
    Website: www.hofflawyer.com
    Blog: www.hofflawyer.com/blog/

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.


  4. Make a report to the store - consult a local personal injury attorney immediately

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.


  5. I agree with Mr. Hoffman's advice.

    You didn't disclose whether you were hurt. If you weren't hurt, there is nothing to do. If you have been hurt, seek medical attention immediately. After seeking medical attention, consult a local personal injury lawyer.

    Slip and fall cases are challenging and Wal-Mart is not known for it's generosity. A local personal injury lawyer will be able to advise you.

    Though we strive to provide accurate legal information in our answers on AVVO, our answer should not be construed as legal advice and it does not create an attorney-client relationship. Our firm only forms attorney-client relationships by written agreement signed by both our firm and the client. Please seek an in-person consultation with an attorney immediately as almost all legal matters are time sensitive and failing to meet deadlines can result in adverse consequences.


  6. The store likes to send a ridiculous form letter stating that they have reviewed the camera footage, and that they are not liable, but it is nonsense and outrageous, so disregard the letter. Have a local lawyer investigate if you were injured.


  7. First get treated, then hire a local personal injury attorney. Stephen is right. Slip and fall cases are tough liability cases. Hire an experienced personal injury attorney in your area.

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