Skip to main content

Tripped on a pothole and fell in Walmart parking lot. I sprained my ankle and cuts & bruises on my knee, should I sue?

Beloit, WI |

It was dark was not well lit

I was walking into the store with my two children when I fell in hole.plenty of witnesses,even an employee who rushed and got manager.I went to the hospital shortly after the incident due to my severe pain and swelling.i spoke with walmart manager and she states they are responsible for maintience in parking lot.

+ Read More

Attorney answers 3


No, you should not sue. You should consult with an experienced personal injury attorney to determine if you have liability. Slip and fall cases can be OK cases. But, no owner of property is an absolute insurer. There is a requirement to establish liability.

My office has settled some substantial 'slip and fall' cases. But, only after demonstrating breach of duty on the part of the entity owning or in control of the premises.

Here is an article on Slip and Fall liability:


I agree with Mr. Meyer's answer. People often time think that because they were injured, there has to be someone else responsible for the injury. When you hire a competent personal injury lawyer or law firm, you usually get years of experience that will help you determine if you have a viable claim. Your post and follow up raise a lot of questions. The pothole was in the parking lot. Walmart may not own the parking lot, but they probably have some duty to maintain it or report dangerous conditions, such as potholes to the actual owner. Also, you need to document the dangerous condition of the pothole as soon as possible. A diligent property owner will have the pothole filled in and then you will have a hard time trying represent what the condition was when you fell. Also, you bring up the lighting issue. You will need to have a slip and fall expert look at the condition at about the same time of night as your incident and determine with a light meter whether the lighting was adequate at the time. Your ability to have the condition investigated adequately will increase when you retain a competent attorney. I suggest you do that and the attorney or firm will determine whether in their opinion if you have a meritorious case that you can purse against Walmart.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.


The first thing you should do is follow your doctor's instructions to take care of your injury. Then. you should consult with a personal injury attorney. Slip and fall cases can be tough, but are not impossible, and you probably have a claim under the safe place statute as well as a straight negligence claim. A lawyer may be of assistance in obtaining available medical payments coverage even if the store ultimately denies liability.

This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer