QUESTION
My mother tripped over a forklift at Wal-Mart because the properly was not cordoned off - what are her options?
Asked on Jul 15th, 2013 on Personal Injury - California
More details to this question:
There was a forklift parked in the Wal-Mart parking lot with the forks lifted far enough off the ground that someone could trip over them, which is exactly what happened. There were no warning signs, cones, etc. to keep customers from tripping over the forks. Also directly after the incident, the forklift wouldn't start so the employees stacked product on top of it to keep it from happening again. Does she have any grounds to take legal action against Wal-Mart (OSHA violations, etc.)?
10 ANSWERS
Ronald A. Steinberg
Under Michigan law, if a judge thinks that she COULD have seen the forklift, the judge will dismiss the case, stating that the accident was her fault for not paying attention. Notice, I said COULD. If she was distracted, talking on a cell phone, chatting with a friend, etc., then it definitely was her own fault.
Answered on Aug 23rd, 2013 at 12:59 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
You left out the main issue, was she hurt? if so, how bad? You have a case of simple negligence. Walmart does not like to settle claims and they will give you a hard time (corporate policy) so if you go forward make sure you have a serious injury to make it worth your while.
Answered on Jul 16th, 2013 at 9:55 PM
Auto Attorney serving Bloomfield Hills, MI
at
Gregory M. Janks, P.C.
Update Your Profile
In Michigan premises owners have no duty to remedy open and obvious conditions. Unless there is some reason your mother couldn't have seen a forklift and it's forks, I'd think there isn't much of a case to present. However, other lawyers may have different opinions and I'd certainly encourage your mother to consult local Michigan counsel that regularly handles premises liability cases for a free look see.
Answered on Jul 16th, 2013 at 9:55 PM
James Eugene Hasser
She may have a claim if the forks were not open and obvious. Consider talking to a personal injury lawyer. Good luck.
Answered on Jul 16th, 2013 at 9:55 PM
Thomas Edward Gates
She needs to file a workman's comp claim if she was injured. A forklift is large enough to permit one to look around the perimeter of the machine. And, the forks were raised so that they were clearly visible. Your mother should have been paying attention to her surroundings. If she had, she would not have tripped.
Answered on Jul 16th, 2013 at 11:29 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
I'm not seeing it. I don't know what state you are in, but in NY, we don't have the "open and obvious" defense. Even without that, though, I don't understand how your mother happened to go over to a forklift in a parking lot, not notice that it is there, and trip over it. Even if it can be said that it was Wal-Mart's "fault" (and I don't think it was) it was your mother who caused her own injuries by her conduct.
Answered on Jul 16th, 2013 at 7:37 AM
Motor Vehicle Accidents Attorney serving Van Nuys, CA
at
Law Offices of Andrew C. Sigal
Update Your Profile
Based on the limited facts you have supplied, your mother may have a viable claim.
Answered on Jul 16th, 2013 at 12:42 AM
4 Awards
OSHA does not provide for a private cause if action and would not apply unless she was employed there. If employed by Walmart she has a workers compensation claim available if the injury was work-related. If not, there is a possible lawsuit against Walmart.
Answered on Jul 15th, 2013 at 10:36 PM
Yes, there appears to be negligence but there also appears to be fault on your mother's part for not seeing that there was a danger. She can make a claim to Wal-Mart but should not expect very much if anything.
Answered on Jul 15th, 2013 at 10:02 PM
Criminal Law Attorney serving Sacramento, CA
at
Alison Elle Aleman
Update Your Profile
If your mother actually has injuries from tripping over the forklift in the parking lift, she should go see a personal injury lawyer to make a claim or sue Walmart. Based upon your description, Walmart should have taken steps to protect the customers from hurting themselves on the forklift, and that was not done.
Answered on Jul 15th, 2013 at 8:44 PM