How could I collect on a slip and fall accident? 12 Answers as of August 11, 2015

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.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Ofices of Edwin K. Niles | 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.
Answer Applies to: California
Replied: 8/11/2015
Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
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.
Answer Applies to: New York
Replied: 8/11/2015
The Law Offices of Russell Gregory, P.C.
The Law Offices of Russell Gregory, P.C. | Russell Gregory
The matter could be pursuable. But, Michigan slip and fall law is very tough on injured people. Whether a case can be pursued is very fact-specific. This needs to be fully discussed, to see if it?s pursuable.
Answer Applies to: Michigan
Replied: 8/11/2015
Gregory M Janks, PC
Gregory M Janks, PC | Gregory M Janks
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).
Answer Applies to: Michigan
Replied: 8/11/2015
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim 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.
Answer Applies to: Alabama
Replied: 8/10/2015
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    Best chance of succeeding in a case like this is the hire a lawyer. YO win, you must establish that the fall was caused by a defect and Walmart knew or should have known about it and removed it. It is in fact based inquiry. If you are compensated it will include lost wages, medical bills and pain and suffering.
    Answer Applies to: Connecticut
    Replied: 8/10/2015
    Pius Joseph A Professional Law Corp. | Pius Joseph
    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.
    Answer Applies to: California
    Replied: 8/10/2015
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    Get a lawyer. That is what a smart person does.
    Answer Applies to: Michigan
    Replied: 8/10/2015
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    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?
    Answer Applies to: Montana
    Replied: 8/10/2015
    Law Offices of Richard M. Levy P.C.
    Law Offices of Richard M. Levy P.C. | Richard M. Levy
    The answer is maybe and too complicated to go into here. Consult a lawyer.
    Answer Applies to: New York
    Replied: 8/10/2015
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    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?
    Answer Applies to: Illinois
    Replied: 8/10/2015
    Gates' Law, PLLC | Thomas E. 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.
    Answer Applies to: Washington
    Replied: 8/10/2015
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney