Perhaps I'm misreading, but seems you are the cause of this unfortunate incident. Post no more facts. Contact local and quailfied personal injury counsel asap. Do not speak with Walmart.
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
Businesses have a duty of care to maintain their premises in a safely and hazard free manner at all times. As you were on their premises, you may have a very viable claim. However, you'll want to consult with a slip and fall attorney to pursue.
Anyone can sue for anything. The question is do you have a valid claim. A store has a duty to maintain the floor and warn of hazards, but if you are running in the door and fall it may be all your fault, and they may have been taking appropriate measures to clean the area. Details are important. You did not tell us what damages you suffered, and that is another requirement. If you fell and were injured, certainly the management of the store would have been informed and attended to you to some extent. If you got up and walked out, have no injuries at all, and just want a check, then the answer is no, you don't have a valid claim.
Don't try to handle the case yourself. Have a personal injury lawyer investigate. The store likes to send a standard letter to everyone that says that they have reviewed the video, and that the store is not liable, so make sure that your lawyer obtains the actual video.
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In Georgia if you have equal knowledge of the condition of the floor, your claim will be barred. This includes constructive knowledge that the floor may be wet on a rainy day as other shoppers may have tracked in rainwater. Also if you were running, in a hurry, you will be deemed to have some contributory negligence. If you have major injuried, your clam may be worth pursuing but otherwise you're going to have an uphill battle. It isn't clear if there was actually an employee in the area mopping at the time you fell. If so, the employee had a duty to warn that the floor was still wet.
Slip and fall cases are difficult. Beware of any lawyer that implies they are easy. Working against you in Georgia will be your knowledge of the rain and the factyou were running. Possibly helping you will be whether they acted prudently as to trying to prevent a hazard. The extent of your injuries will obviously also matter. Consult a personal injury lawyer in your area who does slip and falls.
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Can you sue, yes. Will you win, who knows. It is hard to win rain cases. Talk to a local injury attorney. Signs propably would not have made a difference just inside store.
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I disagree with a lot of these attorneys and think you should find someone with serious personal injury or premises liability experience.
Under the statutory law, owners and occupiers of land have a duty to keep the approaches and walkways to stores and businesses "safe." The Georgia Supreme Court has said that this does not mean an owner of a store or business is "an insurer of the safety of all its [customers]." Rather, Walmart would only be liable for your slip and fall if 1) Walmart had "superior knowledge" of the condition which caused your fall, and you were taking care not to injure yourself.
Part 1 is why you need a lawyer. Generally, Walmart will deny any slip and fall claim unless you file suit. Proving "superior knowledge" of Walmart is a difficult and technical task that has been defined by many technical cases following Robinson v Kroger from the Georgia Supreme Court. You'll need an expert to really prove your case and keep the courts from throwing it out.
You're right, and the other lawyers here are right as well, to be concerned about you running into the store because of the rain. That may be considered "negligent" which hurts part two above an could deny your claim all together. Again, a reason why you need a lawyer who knows personal injury law very well. Georgia's negligence standard is to act reasonably and prudently under the circumstances. It's a jury question whether it is reasonable and prudent to run in from the rain to a store. It most certainly seems like a foreseeable action by a customer. These arguments are what made a recent Kroger slip and fall in Gwinnett a prevailing one.
Like I said, you need an attorney that really understands negligence and premises liability right away. Both are specialties of mine.
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Negligence and personal injury Contributory negligence and personal injury Duty of care and negligence Medical expenses for personal injury Pain and suffering Premises liability for personal injuries Personal injury Personal injury lawsuits Types of personal injuries Slip and fall injuries Property liability Lawsuits and disputes
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