There are two parts to every personal injury lawsuit, negligence and damages. In your scenario, without more details, it appears that you may have a claim. Negligence for a slip and fall accident requires that the accident be the result of a dangerous or defective condition on the property, the property owner knew, or should have known of the condition, and the condition was the cause of the accident. Slip and fall cases in Western New York are difficult, but the first question for you to resolve is "what caused you to fall?"
As to the second part, you must have suffered damages from the accident. In this case it sounds like you may have a pre-exisiting condition that was aggravated from this accident. The property owner, if negligent, is only liable for those damages the accident caused and not the condition itself. This is something your medical providers will need to provide an opinion on comparing your pre and post accident condition.
Under these circumstances it is worthwhile for you to speak to an attorney to determine if there is a viable case. I provide free consultations for personal injury cases and this will allows us to determine if there is something that can be done for you under New York law.
Sounds like technically you have a case but no lawyer would represent you because it seems that it was only a minor injury. If you broke your leg it would be worthwhile looking into.
A slip and fall case is never easy, as negligence needs to be proven. Retain a personal injury lawyer who can investigate a possible claim against Walmart.
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You can file a lawsuit, whether you will be successful is another question. There are two parts to every case, liability and damages. Liability refers to what person or party is responsible for the accident. It could be one person, it could be several. In order to recover damages, you must show that someone other than you acted negligently, that is, failed to act as a reasonable and prudent person would under similar circumstances. The existence of the warning sign is not favorable to your potential claim. Similarly, if the mats that you stepped off at the time of your fall were near the entrance and it was raining or snowing outside at the time, the case law is not favorable if that moisture was tracked inside by customers. Any case, and especially a slip and fall, is very fact specific. I suggest that you speak to an attorney who can obtain all of the necessary facts to evaluate the merits to your potential claim.
The information provided herein is not intended to be legal advice, but is for information purposes only and is based on the limited information provided. Any information provided is not intended to, and does not, create any attorney/client relationship where none exists.
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