QUESTION
I am 21yrs old and slipped on water at Walmarts floor being 8 months pregnant, do I have a case against Walmart?
Asked on Mar 30th, 2012 on Personal Injury - Ohio
More details to this question:
I was walking thru the store with my fiance and in the middle isle where they had a pop display I slipped on water. Neither of us seen it and I twisted my body as I fell. To avoid hurting my baby I brusied my knee the way I twistd it to keep from landing on my stomach. I went to my OB and was checked the next day but because I am pregnant there isnt much they could do to check out the condition of my knee, I have made several attempts to contact the Insurance company for Walmart but only had the guy call me back one time and I missed his call and havent been able to get in contact with him again.. What do I do?
2 ANSWERS
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John Bisnar
The best personal injury attorneys generally will provide you a free consultation to review your circumstances, advise you of the law and your options and make recommendations for how you, in your particular situation should/could proceed. Consult with a local attorney well versed in "slip & fall" cases.
"Slip & fall" cases can be very challenging. Just because you fell in Walmart doesn't mean that Walmart is legally responsible for your injuries. If the water had been on the floor for a considerable time and/or Walmart was responsible for the water being on the floor, the water created a hazard and the hazard was not obvious to you, you probably have a strong claim that Walmart is legally responsible for your injuries.
If the water was spilled by another Walmart customer a few moments before your fall, your probably have a very weak claim against Walmart.
These are not the only issues that are determinative of liability on the part of Walmart. This is why you are best served by consulting a local, experienced "slip & fall" attorney. Do it before you speak to anyone representing Walmart.
Look in the upper left hand corner of this page for "Find a Lawyer". Click on that button and it will help guide you to finding the right lawyer for you.
Good luck with your claim and your baby!
John Bisnar
BISNAR|CHASE, California Personal Injury Attorneys
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800-956-0123
Answered on Apr 27th, 2012 at 12:49 PM
You are clearly an innocent victim here. The question is whether Walmart is responsible for the fall. It is not enough to be on their property. You would need to show that there was negligence or wrongdoing on their part. If an employee of Walmart spilled the water, then I would suggest there is a potential claim to be made. However, if another patron spilled water, you would need to show that Walmart had enough time to discover the spill so it could be cleaned it up. For example, if the water spilled 10 seconds before you fell, it would be difficult to say that Walmart did anything wrong. However, if the spill remained for 2 hours and no one cleaned it up, I would suggest that Walmart allowed a hazardous condition to exist and would be responsible. It also depends on the extent of your injuries. Contact a personal injury attorney to discuss the matter further. Best of luck.
Steven A. Schwartz
Attorney/Partner
JOEL H. SCHWARTZ, P.C.
One Washington Mall, 16th floor
Boston, MA 02108
(617) 742-1170
(800) 660-2270
(617) 250-2072 fax
sas@joelhschwartz.com
Answered on Apr 02nd, 2012 at 1:54 PM