QUESTION

How could I collect on a slip and fall accident?

Asked on Aug 10th, 2015 on Personal Injury - Washington
More details to this question:
I had a slip and fall accident at Wall Mart on Wednesday which resulted to a sprain ankle. Since my ankle is still tender and sour I have not been able to go to work. So my question is Wall Mart liable to pay me some kind of compensation for the lost wages and pain and discomfort that I am going through. If the answer is yes I went to know how to go about getting the compensation.
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9 ANSWERS

Edwin K. Niles
Slip and fall cases are, by their nature, difficult. First, you must be able to prove negligence on the part of the property owner/occupant. Negligence could be defined as the failure to use REASONABLE care; the owner is not a guarantor. To do this, you must be able to prove that the owner put the slippery substance there, or that they had prior knowledge of the hazard and failed to take care of it promptly. Second, they will claim ?comparative fault?, meaning that you had a duty to watch where you were walking, and thus are partly at fault. The result is that most lawyers are reluctant to take a slip and fall case unless there are substantial damages, and there are at least some arguments to be made on the question of fault.
Answered on Aug 11th, 2015 at 6:50 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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You ask: "is Wal Mart liable" but you don't give us any information as to how the slip and fall occurred. This is like asking "I was in a car crash, was it my fault?" Then you ask "How do I get compensation?" The answer is: get a lawyer. That's what we do.
Answered on Aug 11th, 2015 at 7:55 AM

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Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
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In Michigan premises owners are responsible for maintaining a safe premises; however if the "hazard" was temporary they have to have had notice of same and a reasonable time within which to remove/warn about the problem. Also, if the problem is visible on casual observation, then the premises owner has no duty whatsoever to the customer as the customer should have seen/avoided the "hazard" (ie: the "open & obvious" doctrine). Also, if injuries are not significant, the costs of presenting a suit will likely outweigh the amount that could possibly be recovered. You should note that many businesses that have liability insurance (and I have no idea if Walmart has same or is self-insured) have a "med pay" coverage that will cover/contribute toward uninsured medical expenses up to the limits of the coverage (which is typically only a few thousand dollars). Such coverage can be applied/paid on a claim without regard to whether there was fault/liability on the premises owners part (whereas injury claims require proving fault before a recovery can be made).
Answered on Aug 11th, 2015 at 4:19 AM

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James Eugene Hasser
Just because you slipped and fell on their premises doesn't necessarily mean Walmart is at fault. You will have to prove that they did something wrong for them to owe you anything. If they have a medical payments proviso in their insurance policy, it may pay for you medical bills only, regardless of fault. Good luck.
Answered on Aug 10th, 2015 at 7:36 PM

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Ronald A. Steinberg
Get a lawyer. That is what a smart person does.
Answered on Aug 10th, 2015 at 4:36 PM

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Personal Injury Attorney serving Pasadena, CA at Law Offices of Pius Joseph
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Depends on what you want to do. Wal-Mart is a hardliner and will fight the claim. If you hire a lawyer, the case must justify the costs and time involved. If you have a minor claim, may be you can contact Wal-Mart directly. If you have claim that needs to be handled by a lawyer, do not contact Wal-Mart .but hire a lawyer. You will have to prove negligence of Wal-mart, of course with the help of the lawyer to collect.
Answered on Aug 10th, 2015 at 4:33 PM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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Proving they were careless is always difficult. They are not responsible for all the piggy things customers do and spill. They are allowed time to discover, react and clean up a mess. What is your proof? Photos of the floor? Witnesses you know the names of? Don't rely and assume they have videotape. They will lose it, erase over it etc. as soon as you file a claim. How long was the liquid on the floor?
Answered on Aug 10th, 2015 at 4:31 PM

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Thomas Edward Gates
Just because you fell does not mean Walmart is liable. Also, if you did not go to the hospital for your "injury" your case is further damaged.
Answered on Aug 10th, 2015 at 4:10 PM

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Personal Injury Law Attorney serving Naperville, IL at Law Office of Barry R. Rabovsky
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You may be able to make a claim for your injuries. Can you please describe the type of medical treatment that you have had as a result of the accident?
Answered on Aug 10th, 2015 at 4:10 PM

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