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Will anyone take my slip and fall case at walmart??

Round Rock, TX |

I slipped and fell at walmart 8 days ago, and I just now started to feel the pain in my lower back . They had water by the ice machine but no sign so on my way out of restroom I slipped and fell . When the manager came to me she asked what did I want to do?? She said I could simply just let them know about the water and they would clean it up OR that I could make a report but that it would take about 15 min.....then when I said I wanted to make a report , right away she told me they didn't take care of any hospital bills , that i f I went to doctor it was on me!!!! I mean she didn't even ask if I was ok or anything!!!

Attorney Answers 10


  1. Best answer

    You have a tough case. In Texas, a premises liability plaintiff bears the burden of proving prove the existence of a dangerous condition; that Wal-Mart knew about it or should have known about; and, that Wal-Mart had sufficient time to remedy the situation and failed to do so. Assuming the facts can be established to avoid dismissal, you must convince a jury that you were 50% or less at fault. Also, eight days passing without medical treatment is hard to sell to a jury. A tenacious lawyer can file suit to obtain surveillance video. If you intend to make a claim, hire a lawyer immediately. Good luck.

    John Zgourides
    www.zgourides.com

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.


  2. Welcome to Walmart. That is how they handle their claims. Slip and fall cases are tough liability cases. You need to retain a local personal injury attorney. I am sure you will get some answers from attorneys in your area that can help. Good luck to you.


  3. Walmart is notorious for denying slip and fall cases. You will need an attorney to assist you with this case. Please contact a local personal injury attorney to help.


  4. I am sorry to hear about your experience at Walmart but, sad to say, it is typical. Call some personal injury attorneys in your area for a free consultation. If you filed the report and Walmart accepts fault, then the value of your personal injury claim will be based on how serious your injury is. In order for Walmart to admit fault, your attorney would need to prove that Walmart had time to discover the water and clean it up before you fell. You should obtain medical treatment if you feel pain regardless of whether or not you have a claim. If you have health insurance they will pay for it.

    Merry Fountain is licensed to practice law in Indiana. She can be contacted at 1-888-242-HURT. This is not legal advice and it does not create an attorney/client relationship. It is legal education intended to provide general information about the matter within the question. If the question does not include important timeframes and facts the answer could change. Merry Fountain strongly advises the questioner to confer with an attorney in your state.


  5. I am sure you can get one of the attorneys on this site who practice in TX to take your case. You can go the the "Find a Lawyer" section.


  6. Call some board certified personal injury lawyers in Austin. You should be able to find someone.

    This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.


  7. Consult a local personal injury attorney ASAP

    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.


  8. Contact any one of the above lawyers in your state to investigate.


  9. I agree with the other responding lawyers who have said that you have what sounds like a tough case, but you should nevertheless consult a lawyer right away. Claims like yours do not age well.

    I suggest the you promptly consult an Austin plaintiffs' lawyer who is certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. A link to the Board's website appears below.

    Good luck.

    www.tbls.org


  10. I would contact an attorney and discuss your options.

    By providing this legal analysis of the issue presented, no attorney/client relationship is being formed. Additionally, attorney is not agreeing to represent the individual who presented the question concerning the legal issue. A signed retainer agreement is required before an attorney /client relationship is established. The analysis provided is meant solely to provide general guidance about the legal issue presented.

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