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Slip and Fall Claim Dismissal Overturned

Posted by attorney Jeffrey Rasansky

According to, a woman who had filed a slip and fall claim against Walmart has had the claim reinstated, after a trial judge dismissed it previously. According to the reporting, and appellate panel made up of two judges determined that there was evidence that the plaintiff’s claim has merit. The dismissal and the subsequent reinstatement of the claim have to do with whether or not Walmart knew about the hazard before the woman slipped and fell.

According to the reporting, surveillance footage demonstrated that a Walmart employee had walked through the same area where the plaintiff in this claim had her fall and determined that there was no water on the floor. The two judge appellate panel, however, stated that the surveillance video used as evidence of this doesn’t actually demonstrate that the cashier had inspected the area and that it showed that the cashier simply walked through the area.

In light of this, the woman will be allowed to pursue her lawsuit for her slip and fall injuries.

Valid Claims

There are situations such as this that involve a lawsuit being dismissed and then reinstated after it has been dismissed. In some cases, lawsuits take a long time to actually get heard before a jury, and that’s something people who are considering filing a lawsuit should keep in mind. An attorney, however, will work very hard to make certain that there is enough evidence of negligence that it is unlikely that a lawsuit is going to get dismissed.

Slip and fall property owner liability is and always has been a topic surrounded by controversy. Today, surveillance cameras sometimes add useful evidence to these cases. As can be seen in the above referenced case, however, what the surveillance camera actually captures is sometimes something that is determined, in the end, by a judge. A jury will get to decide whether the area was actually inspected or whether a cashier merely managed to walk over a wet floor without taking the same fall that the plaintiff took.

Slip and fall injuries kill thousands of people every year. They are not simply inconveniences. If you have suffered injuries due to falling on a commercial property, contacting an attorney about the matter and seeing what they think about filing a lawsuit is generally the first step in sorting out the entire affair and determining whether or not you should seek compensation in court.

RASANSKY LAW FIRM 2525 McKinnon Street Dallas, Texas 75201 (855) 833-3707

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