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Walmart Slip and Fall Lawsuit Settles for A Confidential Amount


If you ever fall due to water on a floor, did you know that taking pictures of the water on the floor is very important in order to prove negligence?

A middle aged woman was walking in a Walmart located in Sunrise, Florida. As she was walking in the produce section, suddenly and without warning, she slipped and fell on the ground. After she fell she realized her clothing was drenched in water and that there were large puddles of water all over the floor. In addition, there was no wet floor sign informing customers of any slippery conditions on the floor. Unable to get up, the ambulance arrived on the scene and transported the victim to a nearby hospital. Fortunately for the victim, her daughter took pictures of the puddles of water on the floor. This would prove to be the most important part of settling her case.

At the hospital, the victim was diagnosed with contusions to the neck and back. One week after being released from the hospital the victim was still suffering from pain in her neck and back. She sought the care and medical attention of a local chiropractor in Sunrise, Florida. The chiropractor diagnosed our client with sprain/strain of the cervical spine and referred her out for an MRI. The MRI showed a herniated disc at C2-C3. Since the MRI showed positive findings for injury, the victim was referred out to an orthopedic surgeon. The surgeon gave the victim two options to treat her pain. The first option was to undergo a cervical fusion. The second option was to undergo a series of three epidural injections. Because the victim was scared of surgery, she elected to undergo cervical epidural injections. After the injections the victim felt immediate relief in her neck from pain.

Victim Hires the Sunrise Slip and Fall Attorneys Dell and Schaefer

After the fall, the victim received a telephone call from Walmart asking her about her injuries and the fall. Our client made a big mistake in talking to Walmart without first contacting an attorney. Nevertheless she gave a statement. Within one week after speaking with Walmart, she received a letter denying liability in the matter.

Not knowing what else to do, the victim called Attorney Dell & Schaefer to help her. One of the original questions asked by the attorney was whether any pictures were taken of the accident scene. Fortunately, the victim was able to provide her attorney with clear pictures that showed water all over the floor and also showed the failure of Walmart employees to put any wet floor signs anywhere that informed customers of the slippery conditions of the floor. Using the pictures, the attorney filed a bodily injury demand against Walmart alleging negligent maintenance of the floor and failure to warn of a dangerous condition which was the proximate cause of our client’s injuries.

Our firm demanded a large sum of money to compensate our client for bodily injury, aggravation of a preexisting injury, pain and suffering, loss of consortium, disability, mental anguish, past and future medical expenses, lost wages, and impairment of ability to earn future wages. Walmart, who had previously denied the claim were now completely aware that we had pictures of the accident scene. After extensive negotiations, Walmart offered a confidential amount to settle her claim.

Our client was absolutely thrilled that she could recover a life changing amount of money, and was also able to recover from her injuries with epidural injections rather than any invasive surgical procedures.



56 comments

Friday, October 4, 2013
Sharon:

I also fell in a Walmart in New Jersey; there was an unopened package of chop meat in an isle, while reaching for an item on the shelf I stepped in it and fell; prior to fall I was on MLA related to degeneration to my L4,L5; as demo by MRI; I had to extend my LOA because of fall and began experiencing a different kind of pain. I persuaded my MD to do another MRI which showed bulging disc; I am constantly in pain and I am on another LOA. I have had steroid injections, but the pain continues. I am not much for law suits but at this point I believe they should be held accountable for my pain and suffering.

Saturday, October 5, 2013
Gregory Dell:

Sharon,

I have asked a New Jersey personal injury attorney that we work with to contact you to discuss your claim.

Thursday, October 17, 2013
James Frost:

Yesterday I went to Walmart in Marietta Ohio and while walking onto the store the tile was wet by the entrance where I slipped and fell. There were no wet floor signs around the entrance but however there were signs at the other entrance. I went to hospital because my knee was so sore I couldn’t put weight on it. They referred me to another Dr. after MRI and X-ray. I had to miss work and rack up medical bills, not to mention how embarrassing it was because everyone in the store (including employees) just stopped and stared. What can I do about getting medical bills paid?

Also not sure when I can return to work at this point.

Friday, October 18, 2013
Gregory Dell:

James,

We are sorry to hear about your injury at Walmart. Part of the compensation you may receive in a slip and fall claim against Walmart is for medical bills, loss wages and any lost of enjoyment of life. You are only eligible for compensation if it was Walmart failed to maintain the floor safely. In your case, there is additional information needed in order to determine if Walmart could be liable for failing to keep the entrance dry. You should immediately send Walmart a letter and ask them to keep a copy of the video from the front entrance of the store.

Sunday, November 24, 2013
Jan Chapman:

I fell in a Walmart parking lot. There was a 5 in hole in the grass and I snapped my ankle. I have a split tear and other complications in the foot and ankle due to this accident 12/22/2012. I have alot of pictures and help from city attorney’s office cause Walmart said it wasn’t there property. My life has been on hold since last year. Now I’ve been told after physical therapy and wearing a boot for 7 months I need surgery. I need a lawyer who will take this case. Please help.

Monday, November 25, 2013
Gregory Dell:

Jan,

Please call us and we will be happy to review your claim for you.

Thursday, December 12, 2013
Joyce Witherspoon:

I slip and fell in Wal Mart 12/2/13. There are no lawyers in my area that would even talk with me about my injury. Not sure what to do at this point.

Friday, December 13, 2013
Gregory Dell:

Joyce,

Please contact us at 800-383-7853 and we will be happy to discuss your Walmart slip and fall injury.

Tuesday, December 17, 2013
Chelsea:

I slipped and fell in Walmart on 12/13/13 and hurt my hip and sprain my ankle. However, I did not take pictures so I don’t know how to go about suing or anything about the way things work.

Tuesday, December 17, 2013
Gregory Dell:

Chelsea,

It is ok that you did not take pictures. You need to immediately seek medical attention. Hopefully you reported the incident to Walmart. Please call us to discuss your potential claim against Walmart.

Thursday, December 19, 2013
Tess:

Hi,

I slipped at a Walmart earlier today and am laying in bed in really bad pain waiting for my husband to come home and take me to the ER. I turned a corner and slipped on their floors and hurt my ankle, knee, hip and elbow when I fell. A customer saw it all and even told the manager and associates that he did and have them his card. I’m scared to go get medical attention though in case they dont want to pay for it. What’s can I or should I do? There was no water or anything but this is a really new Walmart and their floors are so so so slippery!

Saturday, December 21, 2013
Gregory Dell:

Tess,

I am sorry to hear about your fall at Walmart. You should seek immediate medical attention. A case against Walmart can be difficult if you don’t know what you slipped on. Walmart has video cameras throughout their stores and we always make an immediate request for the video tapes. It is possible that a Walmart employee had just waxed the floor and that caused it to be slippery. You need to get the name and contact information of the customer that saw you fall. Contact us and we will discuss your potential claim with you immediately.

Wednesday, January 8, 2014
Deanna:

Hi, I came across your website. I am always in Walmart for something; their bathrooms are hideous, never kept clean. I always have to dodge toilet paper and other stuff on the floor. I am in bed of two hip replacements and already have an issue walking. There was toilet paper all over the floor including my stall. Well, I tried to step over it but I can’t lift my legs very high. I ended up slipping on the toilet paper and screwed my hips up and back worse then they are and hit the stall door hard trying not to fall. I mentioned it to my doctor on an appointment I had, she said if the pain continues to come back. It’s been a good 3-4 weeks ,I am going to go back and let her know I am in more pain still. The Walmart claims called me and said they came to a decision. I will be calling them this morning. I haven’t even talked to them yet no contact whatsoever so don’t know what they are talking about. What can I do with this claim? Thank you in advance!

Thursday, January 9, 2014
Gregory Dell:

Deanna,

You should not try to deal with Walmart or Walmart’s representatives on your own. They will ask you a lot of questions which you are not prepared to deal with. Contact us for a free consultation and we will let you know immediately if we can help you.

Friday, January 10, 2014
Nanette Dugas:

My son asked for 10-15 nuggets from an associate working in the deli in Wal-Mart. He started eating them and one of them contained a piece of metal that started choking him. He did seek medical attention and have only heard from one store manager the following day. I was told everything was turned over to their insurance company. This incident happened on December 29, 2013 and we have not heard from them do I have rights to sue Wal-Mart.

Saturday, January 11, 2014
Gregory Dell:

Ms. Dugas,

This is a horrible event that occurred. Depending on the extent of the injury your son may have a claim against both Walmart and the manufacturer of the nuggets. Please call us immediately at 800-828-7583 and we will discuss how we can assist you.

Tuesday, January 21, 2014
Melissa:

I recently purchased doles diced peaches 12 in a pack from Walmart on January 5, 2014. Not knowing when I started eating them I became sick, weak, nauseated, with diarrhea. I was sick almost two weeks, then one morning I decided to another, this time I looked at what I was doing and found the peaches were spoiled. What should I do?

Wednesday, January 22, 2014
Gregory Dell:

Melissa,

You should go back to Walmart and see if anyone else had the same problem as you. If there was a problem that affected many other people, then you may have a claim for your medical bills, suffering, lost wages, and inconvenience.

Friday, January 24, 2014
Chris:

I was at Wal-Mart the day before yesterday and turned to go down the frozen food isle, I slipped and fell. My left leg went behind me and my right one with in front of me hitting my knee and shin leaving them swollen and bruised. I went and found a employee and told her about what happen and showed her where it looked like someone put too much wax and when they buffed it, it become slippery. Later in the day my leg started hurting and my back so I called and spoke with a manger who asked me to come in and fill out a report as I told him it should be on tape what happened also. I did speak to someone today about the accident he was from the insurance company I told him what happen and I went to my Dr yesterday I was given a shot and 2 RX my back was killing me. Not sure what to do now.

Saturday, January 25, 2014
Gregory Dell:

Chris,

It appears you have done all of the right things so far. I am sorry to hear about your injury. It is imperative that a letter is sent to Walmart immediately requesting that they save a copy of the video. You should not speak with the insurance company that called you. Please call us to discuss how we can assist you.

Friday, February 14, 2014
Linda:

I was walking out of Wal-Mart and I fell outside the doors on ice. There was salt or any signs telling customers to be careful slippery and icy. After I fell there was manager that was coming out the door, the same time I was he witnessed the incident. I find it funny after I fell everyone was putting salt down in the front of the store. The manger that helped me up, found it so funny he laughed how embarrassing… I am waiting for Wal-Mart insurance company to get in touch with me.

Saturday, February 15, 2014
Gregory Dell:

Linda,

I am not sure where you reside so the laws are different in each state. You should not communicate with Walmart directly. Hopefully you have received medical treatment for your injuries. Please contact us privately and we will let you know if we can assist you.

Sunday, February 23, 2014
Kipp:

I was in Walmart in Ravenna, Ohio today. I was looking at buying a tool belt. I stuck my hand in the pocket of a belt and felt a pinch. When I pulled it out I had cut the tip of my index finger off. There was 4 box cutter blades in the pocket and my finger tip. I found a Walmart associates. They got a manager and took a report and found the tool belt with the blades in it and my finger tip. One associate stated to me that Walmart employees use those blades to cut open delivery boxes then they just throw them anywhere. And that was how it got their. I went to ER and they had to burn the tip of my finger to get it to clot stating that they could not stitch it up. It will take 3-6 months to heal I was told. What should I do?

Monday, February 24, 2014
Gregory Dell:

Kipp,

You may have a case against Walmart, but the case will depend on the extent of your injury. Please contact us privately and we can discuss your claim in greater detail.

Tuesday, February 25, 2014
Heather:

I was In Walmart last night and I had coupons which seemed to make cashier irrate, she ended up dropping stuff of mine into the trash and then re-bagging it and then overloaded the turn style and a bag of canned goods fell on my foot. I kicked the bag off my foot out of pain and frustration. I was escorted to customer service desk because she wouldn’t scan my coupons and customer service manager made me stand with a throbbing foot and empty my cart looking for items I had coupons for, until another customer said he should get me a chair because I was complaining of my foot throbbing, then he got me a chair and finished order but still wouldn’t accept half my coupons. I went to hospital even though I have no medical insurance and have a contusion on my right foot was put in bandage and boot and put on crutches and was instructed to follow up with doctor and possibly an orthopedic, but I have no insurance and certainly can’t afford medical bills, and I was told to stay out of work for two days, as I can’t walk on my foot! Walmart had me fill out accident report and said they would call me today with a claim number, but no one called! Please help me.

Wednesday, February 26, 2014
Gregory Dell:

Heather,

We have heard of many situations where Walmart says they will call a customer and they do not. You may have a claim against Walmart, but it will depend on whether you injury was caused by the can dropping on your foot or you kicking the can. Please contact us privately to discuss further.

Wednesday, February 26, 2014
Bobbi:

I slipped right outside a Walmart front door. A couple days later I started to feel the pain. I made Walmart aware of the incident. I have had medical treatment and now the Dr. wants to do an MRI. I have my receipt showing when I checked out at the register and I know their cameras would have caught it. I’ve been looking for a lawyer but around here they all say they have bad luck against Walmart… not sure what to do but I can tell you it’s hard to raise kids while stuck in bed.

Thursday, February 27, 2014
Angie:

I was stepping out of my vehicle, there was ice and I am already on disability and parked in a handicap are and my foot went out from under me, my ankle twisted and popped. I fell, went in and filed an accident report and went to the ER. The next day after I knew it wasn’t doing better, they said it was sprained ,gave me an aircast, thought it would be better but it’s still sweeling and hurtin and it’s been 2 weeks. What should I do?

Thursday, February 27, 2014
Gregory Dell:

Bobbi,

The reason you may be having difficulty finding a lawyer is because you waited a few days to report the incident and to seek treatment. It is essential to report an incident immediately and then seek treatment as soon as possible. You should continue to seek treatment for your condition. If you don’t feel better shortly, then contact us and we will discuss with you if it worth pursuing a slip and fall claim against Walmart.

Thursday, February 27, 2014
Lisa Currier:

I fell at Walmart on 2/14/2014 with a newborn, luckily the baby didn’t fall out of my arms, but I did go to the emergency room that day because I couldn’t really walk. The ER doctor sait that I had a contusion on my right ankle, sprain knee and back. Walmart said they will compensate. How much should I take without a lawyer? They saw the video and I wrote an incident report.

Friday, February 28, 2014
Gregory Dell:

Angie,

When people slip on ice in a parking lot, these are very difficult cases to pursue. You are lucky that you did not have a more serious injury. If you injury is worse than a sprain, then you may be able to pursue an action against Walmart.

Friday, February 28, 2014
Gregory Dell:

Lisa,

The value of a case against Walmart depends on two factors. 1) How good of a liability case do you have? 2) What are the extent of your injuries in the long term? There is no way for us to tell you the value of your claim as we do not have enough information.

Sunday, March 2, 2014
John Scott:

Today inside of Walmart, me and my sister were walking until I decided to speed up and proceeded to walk faster to get to the checkout line. While I was walking I steped into a puddle of water. Around 8 secs later my sister passes threw the same spill, but she slips.

Also she:
- Did not take pictures
- The store manger reviewed the camera and found out it was a guy who seem to spilled it on purpose around 1 min prior to the fall
- My sister is scared to file a claim, because she thinks she will go to prison, because it may seem like she staged it. But she did need an ambulance.

So what should she do about med bills?

Monday, March 3, 2014
Gregory Dell:

John,

This is a tough situation as Walmart would have a hard time having any notice of a guy that spilled water one minute before your sister fell. If a Walmart employee saw the spill and then did nothing about it, then it would be a good case. Walmart would likely deny liability if they had no notice of the condition in a one minute time span.

Wednesday, March 5, 2014
Rebecca:

I fell in Walmart on a wet floor in the frozen food aisle. The left side of the aisle had a wet floor sign, the right side didn’t. I slipped and fell in water. When I went back to show the assistant manager where I fell the worker at Walmart was inside in cooler where I fell.

Thursday, March 6, 2014
Jason Macri:

Rebecca,

Sorry to hear about your Wal-Mart incident. Please contact us privately as soon as possible. We will let you know how the wet-floor sign may affect your claim and what we can do to help you.

Sunday, March 9, 2014
RC:

This happened to my mother in Missouri. Walmart has already accepted blame. They have video proof. Mom is preparing to undergo surgery. I just want to make sure she is fairly compensated. Do you have lawyers in Missouri or someone you would suggest?

Friday, March 14, 2014
Gregory Dell:

RC,

I am sorry to hear about your mother. We help accident victims
nationwide and we would like to discuss your Mom’s case against Walmart
as soon as possible. Please call us at 800-828-7583 and we will tell you
immediately if we can help you.

Friday, March 14, 2014
Hima:

I slipped and fell in Walmart near produce section where it was wet and no wet floor sign. Took it easy then. It happened in the first week of December but the pain in the elbow (fell on elbow) did not go away. I will have to check with the doctor. Is there anything that I can do?

Monday, March 17, 2014
Jason Macri:

Hima,

It is now March 17, 2014. If you waited more than three months to seek medical treatment for this problem, then it would be extremely difficult for you to bring a claim against Walmart. If you had undergone treatment, shortly after the incident, then you would potentially have a strong claim.

Saturday, March 22, 2014
Mere:

I recently fell on ice while working at Walmart, the supervisor sent me and another employee out on the ice to gather carts, I fell and hurt myself worse.

I have curvature of the spine, born with it, off and on pain *if I do too much liftng* all my life, but able to work, the pain was not continous and maybe once every 4 months would I have a eposide, generally after over doing activities or lifting more than 100pds.

After the fall I have endured serval things, I have continous pain, my disc is now rubbing on a nerve causing numbness, found out yesterday that I have carpol tunel belived that the fall triggered the now pain and numbness.

I also had a stiff neck for a few days and ringiing of the ears, found out that I lost hearing and believed that that fall sent shock wave damaging the inner ear bones.

I am having CIT scans, also have had spinal injections no relief, scheduled MRI on my left hip since that is the side that triggers the numbness.

Went to their doctor who asked questions that I can’t not remember then sine I couldn’t made a report stating that I refused treatment Crazy! I drove over 30 minutes just to refuse it huh, anyway that doctor told me I only had back pain and also to stop taking pain medication, released me to light duty, went to my private doctor on base who then refused to let me return to work told me no way I could work, took me to disabled status.

I called in Walmart 800 number each time I read off what the doctor stated and then told the third day by one supervisor if I don’t show up I’m fired, so okay.

Well found out this supervisor stated that I told him I was going to ER when I didn’t I told him the orders which at the end stated if I need to see a doctor before the next visit and I get worse to go to the ER.

I have found that alot of supervisors like to lie in these situations But I not been given workman’s comp since this happened in DEC 2013 and I am still under doctor’s treatment, surgeries are scheduled.

Monday, March 24, 2014
Jason Macri:

Mere,

Since you were injured while working, you will need a worker’s compensation attorney.You may also be able to file a long term disability claim if you will be out of work for greater than 6 months.You should start by contacting a worker compensation attorney.

Friday, March 28, 2014
Brittany Howard:

My husband and I stopped at our local walmart last night for a few things and as I was getting out of my vehicle and started walking into the store I slipped and fell on the snow that still had not been plowed. I did not go to the Dr. right away I thought I would be fine, but today, the day after the incident I am in terrible pain, which is not fun being 7 months pregnant also. I have never had this happen before so I am nit sure what I should do. I called Walmart to notify them and they want me to come in and fill out an incident report. What should I do?

Saturday, March 29, 2014
Jason Macri:

Ms. Howard,

You should complete and incident report and seek immediate medical attention if you are hurt. This will be a tough case unless this was piled up snow that was placed in a dangerous area.

Saturday, March 29, 2014
Stephanie D.:

I was shopping at the Walmart in San Tan Valley, Arizona on Saturday March 22, 2014. I was inbetween the housewares and bath area when I slipped on a liquid susbtance. I slipped, slid and twisted my body around to catch myself from falling. I injured my left shoulder, left hip and lower back. 2people witnessed the fall, and 2 employees saw the large spill on the floor. I waited for a manager, she walked me to a bench and there I sat in extreme pain while she took an accident report. I had to take an electronic cart out of the store and then went to the ER where they gave me pain meds and took a bunch of XRays. They prescribed medication and I am still having trouble walking and can only stand for a short amount of time before I have to lay down. I can not sit correctly I have to lean to the side so it doesn’t send pain shooting down my legs. Walmart insurance called and interviewed me and are investigating it. Do I have a case? Should I get a lawyer?

Sunday, March 30, 2014
Jason Macri:

Stephanie,

If you have an injury that continues for more than a few days, then you will have a case and should consider a lawyer. Please contact us privately and we can discuss how we may be able to assist you.

Monday, March 31, 2014
Kayla Sullivan:

Yesterday I was about 2 feet from the enterance to Walmart and it was pouring and I slipper in a puddle and broke my ankle. There was no sign or mat on the ground. When I went back later there was. What can I do?

Tuesday, April 1, 2014
Jason Macri:

Kayla,

We need some more information about exactly where you fell and what happen after you fell. Please call us to discuss your fall at Walmart.

Thursday, April 3, 2014
Maxine:

I work at Walmart; fell over a box of bags at the cashier’s station they have been told not to put them there. Fell broke my hip and needed a total hip replacement. What should I do?

Friday, April 4, 2014
Cheryl:

A rack fell on me 12/13 while I was shopping at a Walmart store for Christmas and they want to pay me less dollar for not going to emergency but i’m still having some issues. Don’t know what to do about this situation.

Friday, April 4, 2014
Jason Macri:

Maxine,

If you were working at the time of the accident then you will have a workers compensation claim. Please contact us and we can refer you to the appropriate attorney to discuss your claim.

Saturday, April 5, 2014
Jason Macri:

Cheryl,

The value of your claim against Walmart will depend on how badly you were injured. You do not have to settle and you can take your claim to trial by filing a lawsuit. It may not be worth your time. Give us a call and we can discuss your options.

Thursday, April 17, 2014
Pam:

I was shopping at Walmart on April 12,2014 in Springfield Illinois. I had just a few items on my list. Bottled water was one item. I went to the water isle. The water that I get Ice Mountain 24 pkg. was all on the bottom shelf towards the back. I was bent over picking up my water when another 24 pkg of water flipped over hit me in the side of my head on the left side and and it hit me on my right forearm. I went to the service desk filled out and incident report this was about 2:30 pm. I went home put ice on my arm. Tossed and turned all nite from head hurting and arm throbbing. Walmart called me at 10 am I told her about the pain all nite. She said let them know if there was anything they could do. I got up went to urgent care my head wasn’t cut but it sure felt like it and is still real sore today my arm is badly bruised doctor said it would probably take two – three weeks before it’s fully healed. I took Walmart my papers from Doctor filled out papers again of what happened and was told Insurance company would get ahold of me. Walmart called again on Tuesday morning checking on me. Still have not heard from their Insurance company. What should I do?

Friday, April 18, 2014
Jason Macri:

Pam,

It is almost impossible to try to deal with Walmart without an attorney. You may be waiting forever before someone calls you. There is nothing good that can come from you speaking with Walmart. It is in your best interest to have a lawyer speak on your behalf with Walmart. Your lawyer will need to immediately ask Walmart to preserve any videotape of the incident that happen to you. If you would like, I could have an Illinois lawyer contact you.

Tuesday, April 22, 2014
Tina:

My 81 year old mother was having her nails done at the Walmart Salon. She went to sit in the rolling chair in front of the station and it went out from under her and she fell on her hip and head. Ambulance took her to ER hospital where she was admitted for emergency hip replacement the next morning. She has been in a nursing facility for almost 2 weeks now. Looking like a slow recovery. Walmart claims dept. has been calling almost daily, but as yet we have not called them back. I believe the nail salon leases from Walmart, wondering who is liable? Seems that the chairs should be on carpeting pads, not hard floors. Would this even be a personal injury claim?

Wednesday, April 23, 2014
Gregory Dell:

Tina,

I think that either Walmart or the owner of the nail salon will be 100% responsible. I think that your Mom will have a very strong claim against either Walmart or the nail salon. We have handled numerous cases with the same exact fact pattern. You should not speak with Walmart and only allow your attorney to do so. Your Mom will likely be entitled to significant compensation as she has suffered a very serious injury. We will contact you privately via email, but please call us at 800-383-7853 as soon as possible.

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