A negative video is a typical defense (whether true or NOT), and a personal injury lawyer should be retained to verify the veracity of this assertion.
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You cant force them to produce the video unless a lawsuit is filed and video is demanded in discovery. The burden is on you to show the store was negligent and that caused your son to fall. if his injuries are small and bills are not high, it may not be a big enough claim for a lawyer to take. You should consult with some local injury lawyers and see if they are willing to take the case. wal mart does not roll over easily, as they have lots of stores and lots of claims. They do not want to get a reputation of being easy or generous in claims.
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.
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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.
I agree that the only way to FORCE Wal Mart to turn over the video is via a discovery request after a lawsuit has been filed. If your case qualifies for small claims court, however, you may have another option. Claims filed in small claims court are limited to $10,000.00 or less, and Wal Mart WILL have an attorney representing them. Small claims court is designed to be more relaxed, however, and allow Texans to represent themselves. The Judge will allow "reasonable" discovery, and I would guess that getting a copy of the video in which your son was injured would be reasonable. (Keep in mind, that is just my guess.) Most importantly, I hope your son is doing much better and has recovered from his injuries! Good luck.
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